Sen. Christopher Belt
Filed: 1/5/2021
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1 | AMENDMENT TO HOUSE BILL 2685
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2 | AMENDMENT NO. ______. Amend House Bill 2685 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. This Act may be referred to as the Economic | ||||||
5 | Equity Act. | ||||||
6 | Article 1. | ||||||
7 | Section 1-1. Short title. This Act may be cited as the | ||||||
8 | Employee Background Fairness Act. | ||||||
9 | Section 1-5. Definitions. As used in this Act: | ||||||
10 | "Adverse action" means to fail or refuse to hire an | ||||||
11 | applicant, to discharge or to not promote any employee, or to | ||||||
12 | classify employees in a way that would deprive or tend to | ||||||
13 | deprive any individual of employment opportunities. | ||||||
14 | "Applicant" means a person pursuing employment with an |
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1 | employer. | ||||||
2 | "Conviction" means a judgment of conviction or sentence | ||||||
3 | entered upon a plea of guilty or upon a verdict or finding of | ||||||
4 | guilty of a criminal offense, rendered by a legally constituted | ||||||
5 | jury or by a court in a case without a jury. For purposes of | ||||||
6 | this Act, an order of supervision or qualified probation, as | ||||||
7 | defined by Section 5.2 of the Criminal Identification Act, that | ||||||
8 | has been discharged or dismissed shall not be deemed a | ||||||
9 | conviction. | ||||||
10 | "Criminal history record information" means records of | ||||||
11 | arrest, complaint, indictment, or any disposition arising | ||||||
12 | therefrom. | ||||||
13 | "Criminal history report" means any written, oral, or other | ||||||
14 | communication of information that includes criminal history | ||||||
15 | record information about a natural person, produced by law | ||||||
16 | enforcement or police agencies, courts, a consumer reporting | ||||||
17 | agency, or an employment screening agency or business. | ||||||
18 | "Direct relationship" means a consideration of whether the | ||||||
19 | employment position offers the opportunity for the same or a | ||||||
20 | similar offense to occur and whether circumstances leading to | ||||||
21 | the conduct for which the person was convicted will recur in | ||||||
22 | the employment position. | ||||||
23 | "Employee" means an individual who receives compensation | ||||||
24 | for performing services for an employer under an express or | ||||||
25 | implied contract of hire. | ||||||
26 | "Employer" means an individual or entity that permits one |
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1 | or more individuals to work, accepts applications for | ||||||
2 | employment, or is an agent of an employer. | ||||||
3 | "Employment" means any occupation or vocation, including, | ||||||
4 | but not limited to, temporary or seasonal work, work through a | ||||||
5 | temporary or other employment agency, or any form of vocational | ||||||
6 | or educational training program for which an individual | ||||||
7 | receives compensation for performing services for an employer | ||||||
8 | under an express or implied contract for hire. | ||||||
9 | Section 1-10. Use of criminal history record information. | ||||||
10 | (a) An employer may not base an adverse action, in whole or | ||||||
11 | in part, against an employee or applicant, based on criminal | ||||||
12 | history record information without adhering to the | ||||||
13 | requirements of this Act. Unless authorized by law, no inquiry | ||||||
14 | or adverse action may be taken, based in whole or in part on: | ||||||
15 | (1) an arrest not leading to conviction; | ||||||
16 | (2) participation in or completion of a diversion or a | ||||||
17 | deferral of judgment program; | ||||||
18 | (3) a conviction that has been vacated or ordered | ||||||
19 | expunged, sealed, or impounded by a court; | ||||||
20 | (4) an adjudication or other information regarding a | ||||||
21 | matter processed through the juvenile court system; or | ||||||
22 | (5) information pertaining to an offense other than a | ||||||
23 | felony or misdemeanor.
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24 | (b) Before taking any adverse action based, in whole in | ||||||
25 | part, on criminal history record information, the employer or |
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1 | the employer's agent shall provide the applicant or employee a | ||||||
2 | written notice that includes: | ||||||
3 | (1) a copy of any criminal history report about the | ||||||
4 | individual obtained by the employer; | ||||||
5 | (2) the specific conviction or convictions that have a | ||||||
6 | direct relationship to the employment sought or for which | ||||||
7 | there is a federal, State, or local law prohibiting the | ||||||
8 | employer from employing or placing the applicant or | ||||||
9 | employee; | ||||||
10 | (3) a clear statement informing the applicant or | ||||||
11 | employee that he or she may provide information to the | ||||||
12 | employer that: | ||||||
13 | (A) the criminal history record information is | ||||||
14 | inaccurate; | ||||||
15 | (B) the criminal history information is prohibited | ||||||
16 | from inquiry or consideration under Section (a); or | ||||||
17 | (C) there are mitigating circumstances that | ||||||
18 | demonstrate the individual's fitness for the position | ||||||
19 | including, but not limited to, activities since the | ||||||
20 | date of the offense and evidence of rehabilitation. | ||||||
21 | An employee or applicant has a period of not less than 7 | ||||||
22 | days from the date of notice within which the applicant or | ||||||
23 | employee may provide to the employer information concerning | ||||||
24 | rehabilitation and mitigating circumstances. | ||||||
25 | (c) An employer shall conduct a good faith, individualized | ||||||
26 | assessment of any information provided by the applicant or |
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1 | employee before taking a final adverse action. This assessment | ||||||
2 | shall include any evidence of mitigation or rehabilitation | ||||||
3 | since the conviction or evidence about the accuracy of criminal | ||||||
4 | history record information provided by the applicant or | ||||||
5 | employee. | ||||||
6 | (d) An employer must hold the position sought by the | ||||||
7 | applicant or employee open until the individual provides | ||||||
8 | additional information and the review of that information under | ||||||
9 | subsection (c) or until the period of time to provide | ||||||
10 | additional information under subsection (c) has passed if no | ||||||
11 | information is provided. At or before the time the employer | ||||||
12 | fills the position, the employer must provide the applicant or | ||||||
13 | employee with a final written determination that includes the | ||||||
14 | following: | ||||||
15 | (1) a statement of the employer's final determination; | ||||||
16 | (2) a description of an appeal process, if any; and | ||||||
17 | (3) the earliest date, if any, when the individual may | ||||||
18 | reapply for the position. | ||||||
19 | Section 1-15. Retaliatory or discriminatory acts. A person | ||||||
20 | shall not retaliate or discriminate against an applicant or | ||||||
21 | employee because the person has done or was about to do any of | ||||||
22 | the following: | ||||||
23 | (1) File a complaint under this Act. | ||||||
24 | (2) Testify, assist, or participate in an | ||||||
25 | investigation, proceeding, or action concerning a |
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1 | violation of this Act. | ||||||
2 | (3) Oppose a violation of this Act. | ||||||
3 | Section 1-20. Waiver. An employer shall not require an | ||||||
4 | applicant or employee to waive any right under this Act. An | ||||||
5 | agreement by an applicant or employee to waive any right under | ||||||
6 | this Act is invalid and unenforceable. | ||||||
7 | Section 1-25. Remedies for violation of the Act. An | ||||||
8 | applicant or employee denied employment or discharged from | ||||||
9 | employment because of his or her criminal history in violation | ||||||
10 | of this Act may recover from the employer in a civil action: | ||||||
11 | (1) damages in the amount of $2,000 or actual damages, | ||||||
12 | whichever is greater; | ||||||
13 | (2) costs and such reasonable attorney's fees as may be | ||||||
14 | allowed by the court; and | ||||||
15 | (3) any other relief as may be appropriate, including | ||||||
16 | punitive damages. | ||||||
17 | Section 1-30. Civil immunity. Except for willful or wanton | ||||||
18 | misconduct or when required by law, an employer shall not be | ||||||
19 | civilly liable for failure to consider criminal history record | ||||||
20 | information of an applicant or employee or for limiting its | ||||||
21 | inquiry into an applicant's or employee's criminal history | ||||||
22 | pursuant to this Act.
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1 | Article 10. | ||||||
2 | Section 10-5. The Business Enterprise for Minorities, | ||||||
3 | Women, and Persons with
Disabilities Act is amended by changing | ||||||
4 | Section 4 as follows:
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5 | (30 ILCS 575/4) (from Ch. 127, par. 132.604)
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6 | (Section scheduled to be repealed on June 30, 2024)
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7 | Sec. 4. Award of State contracts.
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8 | (a) Except as provided in subsection (b), not less than 30% | ||||||
9 | 20% of
the total dollar amount of State contracts, as defined | ||||||
10 | by the Secretary of
the Council and approved by the Council, | ||||||
11 | shall be established as an aspirational goal to
be awarded to | ||||||
12 | businesses owned by minorities,
women, and persons with | ||||||
13 | disabilities; provided, however, that
of the total amount of | ||||||
14 | all
State contracts awarded to businesses owned by
minorities, | ||||||
15 | women, and persons with disabilities pursuant to
this Section, | ||||||
16 | contracts representing at least 16% 11% shall be awarded to | ||||||
17 | businesses owned by minorities, contracts representing at | ||||||
18 | least 10% 7% shall be awarded to women-owned businesses, and | ||||||
19 | contracts representing at least 4% 2% shall be awarded to | ||||||
20 | businesses owned by persons with disabilities.
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21 | (a-5) In addition to the aspirational goals in awarding | ||||||
22 | State contracts set under subsection (a), the Department of | ||||||
23 | Central Management Services shall by rule further establish | ||||||
24 | committed diversity aspirational goals for State contracts |
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1 | awarded to businesses owned by minorities, women, and persons | ||||||
2 | with disabilities. Such efforts shall include, but not be | ||||||
3 | limited to, further concerted outreach efforts to businesses | ||||||
4 | owned by minorities, women, and persons with disabilities. | ||||||
5 | The above percentage relates to the total dollar amount of | ||||||
6 | State
contracts during each State fiscal year, calculated by | ||||||
7 | examining
independently each type of contract for each agency | ||||||
8 | or public institutions of higher education which
lets such | ||||||
9 | contracts. Only that percentage of arrangements which | ||||||
10 | represents the participation of businesses owned by
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11 | minorities, women, and persons with disabilities on such | ||||||
12 | contracts shall
be included. State contracts subject to the | ||||||
13 | requirements of this Act shall include the requirement that | ||||||
14 | only expenditures to businesses owned by minorities, women, and | ||||||
15 | persons with disabilities that perform a commercially useful | ||||||
16 | function may be counted toward the goals set forth by this Act. | ||||||
17 | Contracts shall include a definition of "commercially useful | ||||||
18 | function" that is consistent with 49 CFR 26.55(c).
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19 | (b) Not less
than 20% of the total dollar amount of State | ||||||
20 | construction contracts is
established as an aspirational goal | ||||||
21 | to be awarded to businesses owned by minorities, women, and | ||||||
22 | persons with disabilities; provided that, contracts | ||||||
23 | representing at least 11% of the total dollar amount of State | ||||||
24 | construction contracts shall be awarded to businesses owned by | ||||||
25 | minorities; contracts representing at least 7% of the total | ||||||
26 | dollar amount of State construction contracts shall be awarded |
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1 | to women-owned businesses; and contracts representing at least | ||||||
2 | 2% of the total dollar amount of State construction contracts | ||||||
3 | shall be awarded to businesses owned by persons with | ||||||
4 | disabilities.
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5 | (c) (Blank). | ||||||
6 | (d) Within one year after April 28, 2009 (the effective | ||||||
7 | date of Public Act 96-8), the Department of Central Management | ||||||
8 | Services shall conduct a social scientific study that measures | ||||||
9 | the impact of discrimination on minority and women business | ||||||
10 | development in Illinois. Within 18 months after April 28, 2009 | ||||||
11 | (the effective date of Public Act 96-8), the Department shall | ||||||
12 | issue a report of its findings and any recommendations on | ||||||
13 | whether to adjust the goals for minority and women | ||||||
14 | participation established in this Act. Copies of this report | ||||||
15 | and the social scientific study shall be filed with the | ||||||
16 | Governor and the General Assembly. | ||||||
17 | By December 1, 2020, the Department of Central Management | ||||||
18 | Services shall conduct a new social scientific study that | ||||||
19 | measures the impact of discrimination on minority and women | ||||||
20 | business development in Illinois. By June 1, 2022, the | ||||||
21 | Department shall issue a report of its findings and any | ||||||
22 | recommendations on whether to adjust the goals for minority and | ||||||
23 | women participation established in this Act. Copies of this | ||||||
24 | report and the social scientific study shall be filed with the | ||||||
25 | Governor , the Advisory Board, and the General Assembly. By | ||||||
26 | December 1, 2022, the Department of Central Management Services |
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1 | Business Enterprise Program shall develop a model for social | ||||||
2 | scientific disparity study sourcing for local governmental | ||||||
3 | units to adapt and implement to address regional disparities in | ||||||
4 | public procurement. | ||||||
5 | (e) Except as permitted under this Act or as otherwise | ||||||
6 | mandated by federal law or regulation, those who submit bids or | ||||||
7 | proposals for State contracts subject to the provisions of this | ||||||
8 | Act, whose bids or proposals are successful and include a | ||||||
9 | utilization plan but that fail to meet the goals set forth in | ||||||
10 | subsection (b) of this Section, shall be notified of that | ||||||
11 | deficiency and shall be afforded a period not to exceed 10 | ||||||
12 | calendar days from the date of notification to cure that | ||||||
13 | deficiency in the bid or proposal. The deficiency in the bid or | ||||||
14 | proposal may only be cured by contracting with additional | ||||||
15 | subcontractors who are owned by minorities or women. Any | ||||||
16 | increase in cost to
a contract for the addition of a | ||||||
17 | subcontractor to cure a bid's deficiency shall not affect the | ||||||
18 | bid price,
shall not be used in the request for an exemption in | ||||||
19 | this Act, and in no case shall an identified subcontractor with | ||||||
20 | a certification made pursuant to this Act be terminated from | ||||||
21 | the contract without the written consent of the State agency or | ||||||
22 | public institution of higher education entering into the | ||||||
23 | contract. | ||||||
24 | (f) Non-construction solicitations that include Business | ||||||
25 | Enterprise Program participation goals shall require bidders | ||||||
26 | and offerors to include utilization plans. Utilization plans |
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1 | are due at the time of bid or offer submission. Failure to | ||||||
2 | complete and include a utilization plan, including | ||||||
3 | documentation demonstrating good faith effort when requesting | ||||||
4 | a waiver, shall render the bid or offer non-responsive. | ||||||
5 | (Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20; | ||||||
6 | 101-601, eff. 1-1-20; revised 10-26-20.) | ||||||
7 | Article 20. | ||||||
8 | Section 20-5. The Illinois Public Labor Relations Act is | ||||||
9 | amended by adding Section 9.5 as follows: | ||||||
10 | (5 ILCS 315/9.5 new) | ||||||
11 | Sec. 9.5. Labor organization diverse membership. Any labor | ||||||
12 | organization that is selected as the exclusive representative | ||||||
13 | of the employees of a bargaining unit and subject to the | ||||||
14 | provisions of this Act shall take actions to establish and | ||||||
15 | maintain membership that includes Descendants of American | ||||||
16 | Slavery that is proportionate to the percentage of such persons | ||||||
17 | who are residents of this State, and shall report those actions | ||||||
18 | to the Business Enterprise Council for Minorities, Women, and | ||||||
19 | Persons with Disabilities. For the purposes of this Section, | ||||||
20 | "Descendants of American Slavery" means a person as described | ||||||
21 | within the meaning of "minority person" under Section 2 of the | ||||||
22 | Business Enterprise for Minorities, Women, and Persons with | ||||||
23 | Disabilities Act. |
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1 | Section 20-10. The Business Enterprise for Minorities, | ||||||
2 | Women, and Persons with
Disabilities Act is amended by changing | ||||||
3 | Sections 2, 4, 4f, 6, 7, and 8f as follows:
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4 | (30 ILCS 575/2)
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5 | (Section scheduled to be repealed on June 30, 2024) | ||||||
6 | Sec. 2. Definitions.
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7 | (A) For the purpose of this Act, the following
terms shall | ||||||
8 | have the following definitions:
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9 | (1) "Minority person" shall mean a person who is a | ||||||
10 | citizen or lawful
permanent resident of the United States | ||||||
11 | and who is any of the following:
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12 | (a) American Indian or Alaska Native (a person | ||||||
13 | having origins in any of the original peoples of North | ||||||
14 | and South America, including Central America, and who | ||||||
15 | maintains tribal affiliation or community attachment). | ||||||
16 | (b) Asian (a person having origins in any of the | ||||||
17 | original peoples of the Far East, Southeast Asia, or | ||||||
18 | the Indian subcontinent, including, but not limited | ||||||
19 | to, Cambodia, China, India, Japan, Korea, Malaysia, | ||||||
20 | Pakistan, the Philippine Islands, Thailand, and | ||||||
21 | Vietnam). | ||||||
22 | (c) Black or African American (a person having | ||||||
23 | origins in any of the black racial groups of Africa). | ||||||
24 | (c-5) Descendant of American Slavery (a person |
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1 | having direct ancestral lineage to victims of slavery | ||||||
2 | in the United States of America). | ||||||
3 | (d) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
4 | Puerto Rican, South or Central American, or other | ||||||
5 | Spanish culture or origin, regardless of race). | ||||||
6 | (e) Native Hawaiian or Other Pacific Islander (a | ||||||
7 | person having origins in any of the original peoples of | ||||||
8 | Hawaii, Guam, Samoa, or other Pacific Islands).
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9 | (2) "Woman" shall mean a person who is a citizen or | ||||||
10 | lawful permanent
resident of the United States and who is | ||||||
11 | of the female gender.
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12 | (2.05) "Person with a disability" means a person who is | ||||||
13 | a citizen or
lawful resident of the United States and is a | ||||||
14 | person qualifying as a person with a disability under | ||||||
15 | subdivision (2.1) of this subsection (A).
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16 | (2.1) "Person with a disability" means a person with a | ||||||
17 | severe physical or mental disability that:
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18 | (a) results from:
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19 | amputation,
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20 | arthritis,
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21 | autism,
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22 | blindness,
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23 | burn injury,
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24 | cancer,
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25 | cerebral palsy,
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26 | Crohn's disease, |
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1 | cystic fibrosis,
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2 | deafness,
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3 | head injury,
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4 | heart disease,
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5 | hemiplegia,
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6 | hemophilia,
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7 | respiratory or pulmonary dysfunction,
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8 | an intellectual disability,
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9 | mental illness,
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10 | multiple sclerosis,
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11 | muscular dystrophy,
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12 | musculoskeletal disorders,
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13 | neurological disorders, including stroke and | ||||||
14 | epilepsy,
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15 | paraplegia,
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16 | quadriplegia and other spinal cord conditions,
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17 | sickle cell anemia,
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18 | ulcerative colitis, | ||||||
19 | specific learning disabilities, or
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20 | end stage renal failure disease; and
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21 | (b) substantially limits one or more of the | ||||||
22 | person's major life activities.
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23 | Another disability or combination of disabilities may | ||||||
24 | also be considered
as a severe disability for the purposes | ||||||
25 | of item (a) of this
subdivision (2.1) if it is determined | ||||||
26 | by an evaluation of
rehabilitation potential to
cause a |
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1 | comparable degree of substantial functional limitation | ||||||
2 | similar to
the specific list of disabilities listed in item | ||||||
3 | (a) of this
subdivision (2.1).
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4 | (3) "Minority-owned business" means a business which | ||||||
5 | is at least
51% owned by one or more minority persons, or | ||||||
6 | in the case of a
corporation, at least 51% of the stock in | ||||||
7 | which is owned by one or
more minority persons; and the | ||||||
8 | management and daily business operations of
which are | ||||||
9 | controlled by one or more of the minority individuals who | ||||||
10 | own it.
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11 | (4) "Women-owned business" means a business which is at | ||||||
12 | least
51% owned by one or more women, or, in the case of a | ||||||
13 | corporation, at
least 51% of the stock in which is owned by | ||||||
14 | one or more women; and the
management and daily business | ||||||
15 | operations of which are controlled by one or
more of the | ||||||
16 | women who own it.
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17 | (4.1) "Business owned by a person with a disability" | ||||||
18 | means a business
that is at least 51% owned by one or more | ||||||
19 | persons with a disability
and the management and daily | ||||||
20 | business operations of which
are controlled by one or more | ||||||
21 | of the persons with disabilities who own it. A
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22 | not-for-profit agency for persons with disabilities that | ||||||
23 | is exempt from
taxation under Section 501 of the Internal | ||||||
24 | Revenue Code of 1986 is also
considered a "business owned | ||||||
25 | by a person with a disability".
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26 | (4.2) "Council" means the Business Enterprise Council |
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1 | for Minorities, Women, and Persons with Disabilities | ||||||
2 | created under Section 5 of this Act.
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3 | (5) "State contracts" means all contracts entered into | ||||||
4 | by the State, any agency or department thereof, or any | ||||||
5 | public institution of higher education, including | ||||||
6 | community college districts, regardless of the source of | ||||||
7 | the funds with which the contracts are paid, which are not | ||||||
8 | subject to federal reimbursement. "State contracts" does | ||||||
9 | not include contracts awarded by a retirement system, | ||||||
10 | pension fund, or investment board subject to Section | ||||||
11 | 1-109.1 of the Illinois Pension Code. This definition shall | ||||||
12 | control over any existing definition under this Act or | ||||||
13 | applicable administrative rule.
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14 | "State construction contracts" means all State | ||||||
15 | contracts entered
into by a State agency or public | ||||||
16 | institution of higher education for the repair, | ||||||
17 | remodeling,
renovation or
construction of a building or | ||||||
18 | structure, or for the construction or
maintenance of a | ||||||
19 | highway defined in Article 2 of the Illinois Highway
Code.
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20 | (6) "State agencies" shall mean all departments, | ||||||
21 | officers, boards,
commissions, institutions and bodies | ||||||
22 | politic and corporate of the State,
but does not include | ||||||
23 | the Board of Trustees of the University of Illinois,
the | ||||||
24 | Board of Trustees of Southern Illinois University,
the | ||||||
25 | Board of Trustees
of Chicago State University, the Board of | ||||||
26 | Trustees of Eastern Illinois
University, the Board of |
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1 | Trustees of Governors State University, the Board of
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2 | Trustees of Illinois State University, the Board of | ||||||
3 | Trustees of Northeastern
Illinois
University, the Board of | ||||||
4 | Trustees of Northern Illinois University, the Board of
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5 | Trustees of Western Illinois University,
municipalities or | ||||||
6 | other local governmental units, or other State | ||||||
7 | constitutional
officers.
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8 | (7) "Public institutions of higher education" means | ||||||
9 | the University of Illinois, Southern Illinois University, | ||||||
10 | Chicago State University, Eastern Illinois University, | ||||||
11 | Governors State University, Illinois State University, | ||||||
12 | Northeastern Illinois University, Northern Illinois | ||||||
13 | University, Western Illinois University, the public | ||||||
14 | community colleges of the State, and any other public | ||||||
15 | universities, colleges, and community colleges now or | ||||||
16 | hereafter established or authorized by the General | ||||||
17 | Assembly.
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18 | (8) "Certification" means a determination made by the | ||||||
19 | Council
or by one delegated authority from the Council to | ||||||
20 | make certifications, or by
a State agency with statutory | ||||||
21 | authority to make such a certification, that a
business | ||||||
22 | entity is a business owned by a
minority, woman, or person | ||||||
23 | with a disability for whatever
purpose. A business owned | ||||||
24 | and controlled by women shall be certified as a | ||||||
25 | "woman-owned business". A business owned and controlled by | ||||||
26 | women who are also minorities shall be certified as both a |
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1 | "women-owned business" and a "minority-owned business".
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2 | (9) "Control" means the exclusive or ultimate and sole | ||||||
3 | control of the
business including, but not limited to, | ||||||
4 | capital investment and all other
financial matters, | ||||||
5 | property, acquisitions, contract negotiations, legal
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6 | matters, officer-director-employee selection and | ||||||
7 | comprehensive hiring,
operating responsibilities, | ||||||
8 | cost-control matters, income and dividend
matters, | ||||||
9 | financial transactions and rights of other shareholders or | ||||||
10 | joint
partners. Control shall be real, substantial and | ||||||
11 | continuing, not pro forma.
Control shall include the power | ||||||
12 | to direct or cause the direction of the
management and | ||||||
13 | policies of the business and to make the day-to-day as well
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14 | as major decisions in matters of policy, management and | ||||||
15 | operations.
Control shall be exemplified by possessing the | ||||||
16 | requisite knowledge and
expertise to run the particular | ||||||
17 | business and control shall not include
simple majority or | ||||||
18 | absentee ownership.
| ||||||
19 | (10) "Business" means a business that has annual gross | ||||||
20 | sales of less than $75,000,000 as evidenced by the federal | ||||||
21 | income tax return of the business. A firm with gross sales | ||||||
22 | in excess of this cap may apply to the Council for | ||||||
23 | certification for a particular contract if the firm can | ||||||
24 | demonstrate that the contract would have significant | ||||||
25 | impact on businesses owned by minorities, women, or persons | ||||||
26 | with disabilities as suppliers or subcontractors or in |
| |||||||
| |||||||
1 | employment of minorities, women, or persons with | ||||||
2 | disabilities.
| ||||||
3 | (11) "Utilization plan" means a form and additional | ||||||
4 | documentations included in all bids or proposals that | ||||||
5 | demonstrates a vendor's proposed utilization of vendors | ||||||
6 | certified by the Business Enterprise Program to meet the | ||||||
7 | targeted goal. The utilization plan shall demonstrate that | ||||||
8 | the Vendor has either: (1) met the entire contract goal or | ||||||
9 | (2) requested a full or partial waiver and made good faith | ||||||
10 | efforts towards meeting the goal. | ||||||
11 | (12) "Business Enterprise Program" means the Business | ||||||
12 | Enterprise Program of the Department of Central Management | ||||||
13 | Services. | ||||||
14 | (B) When a business is owned at least 51% by any | ||||||
15 | combination of
minority persons, women, or persons with | ||||||
16 | disabilities,
even though none of the 3 classes alone holds at | ||||||
17 | least a 51% interest, the
ownership
requirement for purposes of | ||||||
18 | this Act is considered to be met. The
certification category | ||||||
19 | for the business is that of the class holding the
largest | ||||||
20 | ownership
interest in the business. If 2 or more classes have | ||||||
21 | equal ownership interests,
the certification category shall be | ||||||
22 | determined by
the business.
| ||||||
23 | (Source: P.A. 100-391, eff. 8-25-17; 101-601, eff. 1-1-20.)
| ||||||
24 | (30 ILCS 575/4) (from Ch. 127, par. 132.604)
| ||||||
25 | (Section scheduled to be repealed on June 30, 2024)
|
| |||||||
| |||||||
1 | Sec. 4. Award of State contracts.
| ||||||
2 | (a) Except as provided in subsections subsection (b) and | ||||||
3 | (b-5) , not less than 20% of
the total dollar amount of State | ||||||
4 | contracts, as defined by the Secretary of
the Council and | ||||||
5 | approved by the Council, shall be established as an | ||||||
6 | aspirational goal to
be awarded to businesses owned by | ||||||
7 | minorities,
women, and persons with disabilities; provided, | ||||||
8 | however, that
of the total amount of all
State contracts | ||||||
9 | awarded to businesses owned by
minorities, women, and persons | ||||||
10 | with disabilities pursuant to
this Section, contracts | ||||||
11 | representing at least 11% shall be awarded to businesses owned | ||||||
12 | by minorities, contracts representing at least 7% shall be | ||||||
13 | awarded to women-owned businesses, and contracts representing | ||||||
14 | at least 2% shall be awarded to businesses owned by persons | ||||||
15 | with disabilities.
| ||||||
16 | The above percentage relates to the total dollar amount of | ||||||
17 | State
contracts during each State fiscal year, calculated by | ||||||
18 | examining
independently each type of contract for each agency | ||||||
19 | or public institutions of higher education which
lets such | ||||||
20 | contracts. Only that percentage of arrangements which | ||||||
21 | represents the participation of businesses owned by
| ||||||
22 | minorities, women, and persons with disabilities on such | ||||||
23 | contracts shall
be included. State contracts subject to the | ||||||
24 | requirements of this Act shall include the requirement that | ||||||
25 | only expenditures to businesses owned by minorities, women, and | ||||||
26 | persons with disabilities that perform a commercially useful |
| |||||||
| |||||||
1 | function may be counted toward the goals set forth by this Act. | ||||||
2 | Contracts shall include a definition of "commercially useful | ||||||
3 | function" that is consistent with 49 CFR 26.55(c).
| ||||||
4 | (b) Except as provided in subsection (b-5), not Not less
| ||||||
5 | than 20% of the total dollar amount of State construction | ||||||
6 | contracts is
established as an aspirational goal to be awarded | ||||||
7 | to businesses owned by minorities, women, and persons with | ||||||
8 | disabilities; provided that, contracts representing at least | ||||||
9 | 11% of the total dollar amount of State construction contracts | ||||||
10 | shall be awarded to businesses owned by minorities; contracts | ||||||
11 | representing at least 7% of the total dollar amount of State | ||||||
12 | construction contracts shall be awarded to women-owned | ||||||
13 | businesses; and contracts representing at least 2% of the total | ||||||
14 | dollar amount of State construction contracts shall be awarded | ||||||
15 | to businesses owned by persons with disabilities.
| ||||||
16 | (b-5) Notwithstanding the provisions of subsections (a) | ||||||
17 | and (b), it shall be established as an aspirational goal to | ||||||
18 | award State contracts to businesses owned by Descendants of | ||||||
19 | American Slavery in a total dollar amount that is proportionate | ||||||
20 | to the percentage of such persons who are residents of this | ||||||
21 | State. | ||||||
22 | Those who submit bids or proposals for State contracts | ||||||
23 | subject to the provisions of this Act, whose bids or proposals | ||||||
24 | are successful, but that fail to meet the goals set forth in | ||||||
25 | this subsection (b-5), shall be notified of that deficiency and | ||||||
26 | shall be afforded a period not to exceed 10 calendar days from |
| |||||||
| |||||||
1 | the date of notification to cure that deficiency in the bid or | ||||||
2 | proposal. The deficiency in the bid or proposal may only be | ||||||
3 | cured by contracting with additional subcontractors who are | ||||||
4 | owned by Descendants of American Slavery. Any increase in cost | ||||||
5 | to a contract for the addition of a subcontractor to cure a | ||||||
6 | bid's deficiency shall not affect the bid price, shall not be | ||||||
7 | used in the request for an exemption in this Act, and in no | ||||||
8 | case shall an identified subcontractor with a certification | ||||||
9 | made pursuant to this Act be terminated from the contract | ||||||
10 | without the written consent of the State agency or public | ||||||
11 | institution of higher education entering into the contract. | ||||||
12 | A contractor submitting bids or proposals for State | ||||||
13 | contracts subject to the provisions of this Act shall submit a | ||||||
14 | plan to the Council outlining its efforts to utilize | ||||||
15 | subcontractors owned by Descendants of American Slavery for the | ||||||
16 | purposes of fulfilling the goals and requirements established | ||||||
17 | under this Act. | ||||||
18 | (c) (Blank). | ||||||
19 | (d) Within one year after April 28, 2009 (the effective | ||||||
20 | date of Public Act 96-8), the Department of Central Management | ||||||
21 | Services shall conduct a social scientific study that measures | ||||||
22 | the impact of discrimination on minority and women business | ||||||
23 | development in Illinois. Within 18 months after April 28, 2009 | ||||||
24 | (the effective date of Public Act 96-8), the Department shall | ||||||
25 | issue a report of its findings and any recommendations on | ||||||
26 | whether to adjust the goals for minority and women |
| |||||||
| |||||||
1 | participation established in this Act. Copies of this report | ||||||
2 | and the social scientific study shall be filed with the | ||||||
3 | Governor and the General Assembly. | ||||||
4 | By December 1, 2020, the Department of Central Management | ||||||
5 | Services shall conduct a new social scientific study that | ||||||
6 | measures the impact of discrimination on minority and women | ||||||
7 | business development in Illinois. By June 1, 2022, the | ||||||
8 | Department shall issue a report of its findings and any | ||||||
9 | recommendations on whether to adjust the goals for minority and | ||||||
10 | women participation established in this Act. Copies of this | ||||||
11 | report and the social scientific study shall be filed with the | ||||||
12 | Governor , the Advisory Board, and the General Assembly. By | ||||||
13 | December 1, 2022, the Department of Central Management Services | ||||||
14 | Business Enterprise Program shall develop a model for social | ||||||
15 | scientific disparity study sourcing for local governmental | ||||||
16 | units to adapt and implement to address regional disparities in | ||||||
17 | public procurement. | ||||||
18 | (e) Except as permitted under this Act or as otherwise | ||||||
19 | mandated by federal law or regulation, those who submit bids or | ||||||
20 | proposals for State contracts subject to the provisions of this | ||||||
21 | Act, whose bids or proposals are successful and include a | ||||||
22 | utilization plan but that fail to meet the goals set forth in | ||||||
23 | subsection (b) of this Section, shall be notified of that | ||||||
24 | deficiency and shall be afforded a period not to exceed 10 | ||||||
25 | calendar days from the date of notification to cure that | ||||||
26 | deficiency in the bid or proposal. The deficiency in the bid or |
| |||||||
| |||||||
1 | proposal may only be cured by contracting with additional | ||||||
2 | subcontractors who are owned by minorities or women. Any | ||||||
3 | increase in cost to
a contract for the addition of a | ||||||
4 | subcontractor to cure a bid's deficiency shall not affect the | ||||||
5 | bid price,
shall not be used in the request for an exemption in | ||||||
6 | this Act, and in no case shall an identified subcontractor with | ||||||
7 | a certification made pursuant to this Act be terminated from | ||||||
8 | the contract without the written consent of the State agency or | ||||||
9 | public institution of higher education entering into the | ||||||
10 | contract. | ||||||
11 | (f) Non-construction solicitations that include Business | ||||||
12 | Enterprise Program participation goals shall require bidders | ||||||
13 | and offerors to include utilization plans. Utilization plans | ||||||
14 | are due at the time of bid or offer submission. Failure to | ||||||
15 | complete and include a utilization plan, including | ||||||
16 | documentation demonstrating good faith effort when requesting | ||||||
17 | a waiver, shall render the bid or offer non-responsive. | ||||||
18 | (Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20; | ||||||
19 | 101-601, eff. 1-1-20; revised 10-26-20.) | ||||||
20 | (30 ILCS 575/4f) | ||||||
21 | (Section scheduled to be repealed on June 30, 2024) | ||||||
22 | Sec. 4f. Award of State contracts. | ||||||
23 | (1) It is hereby declared to be the public policy of the | ||||||
24 | State of Illinois to promote and encourage each State agency | ||||||
25 | and public institution of higher education to use businesses |
| |||||||
| |||||||
1 | owned by minorities, women, and persons with disabilities in | ||||||
2 | the area of goods and services, including, but not limited to, | ||||||
3 | insurance services, investment management services, | ||||||
4 | information technology services, accounting services, | ||||||
5 | architectural and engineering services, and legal services. | ||||||
6 | Furthermore, each State agency and public institution of higher | ||||||
7 | education shall utilize such firms to the greatest extent | ||||||
8 | feasible within the bounds of financial and fiduciary prudence, | ||||||
9 | and take affirmative steps to remove any barriers to the full | ||||||
10 | participation of such firms in the procurement and contracting | ||||||
11 | opportunities afforded. | ||||||
12 | (a) When a State agency or public institution of higher | ||||||
13 | education, other than a community college, awards a | ||||||
14 | contract for insurance services, for each State agency or | ||||||
15 | public institution of higher education, it shall be the | ||||||
16 | aspirational goal to use insurance brokers owned by | ||||||
17 | minorities, women, and persons with disabilities as | ||||||
18 | defined by this Act, for not less than 20% of the total | ||||||
19 | annual premiums or fees; provided that, contracts | ||||||
20 | representing at least 11% of the total annual premiums or | ||||||
21 | fees shall be awarded to businesses owned by minorities; | ||||||
22 | contracts representing at least 7% of the total annual | ||||||
23 | premiums or fees shall be awarded to women-owned | ||||||
24 | businesses; and contracts representing at least 2% of the | ||||||
25 | total annual premiums or fees shall be awarded to | ||||||
26 | businesses owned by persons with disabilities. |
| |||||||
| |||||||
1 | (a-5) Notwithstanding subsection (a), when a State | ||||||
2 | agency or public institution of higher education awards a | ||||||
3 | contract for insurance services, for each State agency or | ||||||
4 | public institution of higher education, it shall be the | ||||||
5 | aspirational goal to use insurance brokers owned by | ||||||
6 | Descendants of American Slavery in a percentage of the | ||||||
7 | total annual premiums or fees that is proportionate to the | ||||||
8 | percentage of such persons who are residents of this State. | ||||||
9 | (b) When a State agency or public institution of higher | ||||||
10 | education, other than a community college, awards a | ||||||
11 | contract for investment services, for each State agency or | ||||||
12 | public institution of higher education, it shall be the | ||||||
13 | aspirational goal to use emerging investment managers | ||||||
14 | owned by minorities, women, and persons with disabilities | ||||||
15 | as defined by this Act, for not less than 20% of the total | ||||||
16 | funds under management; provided that, contracts | ||||||
17 | representing at least 11% of the total funds under | ||||||
18 | management shall be awarded to businesses owned by | ||||||
19 | minorities; contracts representing at least 7% of the total | ||||||
20 | funds under management shall be awarded to women-owned | ||||||
21 | businesses; and contracts representing at least 2% of the | ||||||
22 | total funds under management shall be awarded to businesses | ||||||
23 | owned by persons with disabilities. Furthermore, it is the | ||||||
24 | aspirational goal that not less than 20% of the direct | ||||||
25 | asset managers of the State funds be minorities, women, and | ||||||
26 | persons with disabilities. |
| |||||||
| |||||||
1 | (b-5) Notwithstanding subsection (b), when a State | ||||||
2 | agency or public institution of higher education awards a | ||||||
3 | contract for investment services, for each State agency or | ||||||
4 | public institution of higher education, it shall be the | ||||||
5 | aspirational goal to use emerging investment managers | ||||||
6 | owned by Descendants of American Slavery in a percentage of | ||||||
7 | the total funds under management that is proportionate to | ||||||
8 | the percentage of such persons who are residents of this | ||||||
9 | State. | ||||||
10 | (c) When a State agency or public institution of higher | ||||||
11 | education, other than a community college, awards | ||||||
12 | contracts for information technology services, accounting | ||||||
13 | services, architectural and engineering services, and | ||||||
14 | legal services, for each State agency and public | ||||||
15 | institution of higher education, it shall be the | ||||||
16 | aspirational goal to use such firms owned by minorities, | ||||||
17 | women, and persons with disabilities as defined by this Act | ||||||
18 | and lawyers who are minorities, women, and persons with | ||||||
19 | disabilities as defined by this Act, for not less than 20% | ||||||
20 | of the total dollar amount of State contracts; provided | ||||||
21 | that, contracts representing at least 11% of the total | ||||||
22 | dollar amount of State contracts shall be awarded to | ||||||
23 | businesses owned by minorities or minority lawyers; | ||||||
24 | contracts representing at least 7% of the total dollar | ||||||
25 | amount of State contracts shall be awarded to women-owned | ||||||
26 | businesses or women who are lawyers; and contracts |
| |||||||
| |||||||
1 | representing at least 2% of the total dollar amount of | ||||||
2 | State contracts shall be awarded to businesses owned by | ||||||
3 | persons with disabilities or persons with disabilities who | ||||||
4 | are lawyers. | ||||||
5 | (c-5) Notwithstanding subsection (c), when a State | ||||||
6 | agency or public institution of higher education awards | ||||||
7 | contracts for information technology services, accounting | ||||||
8 | services, architectural and engineering services, and | ||||||
9 | legal services, for each State agency or public institution | ||||||
10 | of higher education, it shall be the aspirational goal to | ||||||
11 | use such firms owned by Descendants of American Slavery and | ||||||
12 | lawyers who are Descendants of American Slavery in a | ||||||
13 | percentage of the total dollar amount of State contracts | ||||||
14 | that is proportionate to the percentage of such persons who | ||||||
15 | are residents of this State. | ||||||
16 | (d) When a community college awards a contract for | ||||||
17 | insurance services, investment services, information | ||||||
18 | technology services, accounting services, architectural | ||||||
19 | and engineering services, and legal services, it shall be | ||||||
20 | the aspirational goal of each community college to use | ||||||
21 | businesses owned by minorities, women, and persons with | ||||||
22 | disabilities as defined in this Act for not less than 20% | ||||||
23 | of the total amount spent on contracts for these services | ||||||
24 | collectively; provided that, contracts representing at | ||||||
25 | least 11% of the total amount spent on contracts for these | ||||||
26 | services shall be awarded to businesses owned by |
| |||||||
| |||||||
1 | minorities; contracts representing at least 7% of the total | ||||||
2 | amount spent on contracts for these services shall be | ||||||
3 | awarded to women-owned businesses; and contracts | ||||||
4 | representing at least 2% of the total amount spent on | ||||||
5 | contracts for these services shall be awarded to businesses | ||||||
6 | owned by persons with disabilities. When a community | ||||||
7 | college awards contracts for investment services, | ||||||
8 | contracts awarded to investment managers who are not | ||||||
9 | emerging investment managers as defined in this Act shall | ||||||
10 | not be considered businesses owned by minorities, women, or | ||||||
11 | persons with disabilities for the purposes of this Section. | ||||||
12 | (2) As used in this Section: | ||||||
13 | "Accounting services" means the measurement, | ||||||
14 | processing and communication of financial information | ||||||
15 | about economic entities including, but is not limited to, | ||||||
16 | financial accounting, management accounting, auditing, | ||||||
17 | cost containment and auditing services, taxation and | ||||||
18 | accounting information systems. | ||||||
19 | "Architectural and engineering services" means | ||||||
20 | professional services of an architectural or engineering | ||||||
21 | nature, or incidental services, that members of the | ||||||
22 | architectural and engineering professions, and individuals | ||||||
23 | in their employ, may logically or justifiably perform, | ||||||
24 | including studies, investigations, surveying and mapping, | ||||||
25 | tests, evaluations, consultations, comprehensive planning, | ||||||
26 | program management, conceptual designs, plans and |
| |||||||
| |||||||
1 | specifications, value engineering, construction phase | ||||||
2 | services, soils engineering, drawing reviews, preparation | ||||||
3 | of operating and maintenance manuals, and other related | ||||||
4 | services. | ||||||
5 | "Emerging investment manager" means an investment | ||||||
6 | manager or claims consultant having assets under | ||||||
7 | management below $10 billion or otherwise adjudicating | ||||||
8 | claims. | ||||||
9 | "Information technology services" means, but is not | ||||||
10 | limited to, specialized technology-oriented solutions by | ||||||
11 | combining the processes and functions of software, | ||||||
12 | hardware, networks, telecommunications, web designers, | ||||||
13 | cloud developing resellers, and electronics. | ||||||
14 | "Insurance broker" means an insurance brokerage firm, | ||||||
15 | claims administrator, or both, that procures, places all | ||||||
16 | lines of insurance, or administers claims with annual | ||||||
17 | premiums or fees of at least $5,000,000 but not more than | ||||||
18 | $10,000,000. | ||||||
19 | "Legal services" means work performed by a lawyer | ||||||
20 | including, but not limited to, contracts in anticipation of | ||||||
21 | litigation, enforcement actions, or investigations. | ||||||
22 | (3) Each State agency and public institution of higher | ||||||
23 | education shall adopt policies that identify its plan and | ||||||
24 | implementation procedures for increasing the use of service | ||||||
25 | firms owned by minorities, women, and persons with | ||||||
26 | disabilities. |
| |||||||
| |||||||
1 | (4) Except as provided in subsection (5), the Council shall | ||||||
2 | file no later than March 1 of each year an annual report to the | ||||||
3 | Governor, the Bureau on Apprenticeship Programs, and the | ||||||
4 | General Assembly. The report filed with the General Assembly | ||||||
5 | shall be filed as required in Section 3.1 of the General | ||||||
6 | Assembly Organization Act. This report shall: (i) identify the | ||||||
7 | service firms used by each State agency and public institution | ||||||
8 | of higher education, (ii) identify the actions it has | ||||||
9 | undertaken to increase the use of service firms owned by | ||||||
10 | minorities, women, and persons with disabilities, including | ||||||
11 | encouraging non-minority-owned firms to use other service | ||||||
12 | firms owned by minorities, women, and persons with disabilities | ||||||
13 | as subcontractors when the opportunities arise, (iii) state any | ||||||
14 | recommendations made by the Council to each State agency and | ||||||
15 | public institution of higher education to increase | ||||||
16 | participation by the use of service firms owned by minorities, | ||||||
17 | women, and persons with disabilities, and (iv) include the | ||||||
18 | following: | ||||||
19 | (A) For insurance services: the names of the insurance | ||||||
20 | brokers or claims consultants used, the total of risk | ||||||
21 | managed by each State agency and public institution of | ||||||
22 | higher education by insurance brokers, the total | ||||||
23 | commissions, fees paid, or both, the lines or insurance | ||||||
24 | policies placed, and the amount of premiums placed; and the | ||||||
25 | percentage of the risk managed by insurance brokers, the | ||||||
26 | percentage of total commission, fees paid, or both, the |
| |||||||
| |||||||
1 | lines or insurance policies placed, and the amount of | ||||||
2 | premiums placed with each by the insurance brokers owned by | ||||||
3 | minorities, women, and persons with disabilities by each | ||||||
4 | State agency and public institution of higher education. | ||||||
5 | (B) For investment management services: the names of | ||||||
6 | the investment managers used, the total funds under | ||||||
7 | management of investment managers; the total commissions, | ||||||
8 | fees paid, or both; the total and percentage of funds under | ||||||
9 | management of emerging investment managers owned by | ||||||
10 | minorities, women, and persons with disabilities, | ||||||
11 | including the total and percentage of total commissions, | ||||||
12 | fees paid, or both by each State agency and public | ||||||
13 | institution of higher education. | ||||||
14 | (C) The names of service firms, the percentage and | ||||||
15 | total dollar amount paid for professional services by | ||||||
16 | category by each State agency and public institution of | ||||||
17 | higher education. | ||||||
18 | (D) The names of service firms, the percentage and | ||||||
19 | total dollar amount paid for services by category to firms | ||||||
20 | owned by minorities, women, and persons with disabilities | ||||||
21 | by each State agency and public institution of higher | ||||||
22 | education. | ||||||
23 | (E) The total number of contracts awarded for services | ||||||
24 | by category and the total number of contracts awarded to | ||||||
25 | firms owned by minorities, women, and persons with | ||||||
26 | disabilities by each State agency and public institution of |
| |||||||
| |||||||
1 | higher education. | ||||||
2 | (5) For community college districts, the Business | ||||||
3 | Enterprise Council shall only report the following information | ||||||
4 | for each community college district: (i) the name of the | ||||||
5 | community colleges in the district, (ii) the name and contact | ||||||
6 | information of a person at each community college appointed to | ||||||
7 | be the single point of contact for vendors owned by minorities, | ||||||
8 | women, or persons with disabilities, (iii) the policy of the | ||||||
9 | community college district concerning certified vendors, (iv) | ||||||
10 | the certifications recognized by the community college | ||||||
11 | district for determining whether a business is owned or | ||||||
12 | controlled by a minority, woman, or person with a disability, | ||||||
13 | (v) outreach efforts conducted by the community college | ||||||
14 | district to increase the use of certified vendors, (vi) the | ||||||
15 | total expenditures by the community college district in the | ||||||
16 | prior fiscal year in the divisions of work specified in | ||||||
17 | paragraphs (a), (b), and (c) of subsection (1) of this Section | ||||||
18 | and the amount paid to certified vendors in those divisions of | ||||||
19 | work, and (vii) the total number of contracts entered into for | ||||||
20 | the divisions of work specified in paragraphs (a), (b), and (c) | ||||||
21 | of subsection (1) of this Section and the total number of | ||||||
22 | contracts awarded to certified vendors providing these | ||||||
23 | services to the community college district. The Business | ||||||
24 | Enterprise Council shall not make any utilization reports under | ||||||
25 | this Act for community college districts for Fiscal Year 2015 | ||||||
26 | and Fiscal Year 2016, but shall make the report required by |
| |||||||
| |||||||
1 | this subsection for Fiscal Year 2017 and for each fiscal year | ||||||
2 | thereafter. The Business Enterprise Council shall report the | ||||||
3 | information in items (i), (ii), (iii), and (iv) of this | ||||||
4 | subsection beginning in September of 2016. The Business | ||||||
5 | Enterprise Council may collect the data needed to make its | ||||||
6 | report from the Illinois Community College Board. | ||||||
7 | (6) The status of the utilization of services shall be | ||||||
8 | discussed at each of the regularly scheduled Business | ||||||
9 | Enterprise Council meetings. Time shall be allotted for the | ||||||
10 | Council to receive, review, and discuss the progress of the use | ||||||
11 | of service firms owned by minorities, women, and persons with | ||||||
12 | disabilities by each State agency and public institution of | ||||||
13 | higher education; and any evidence regarding past or present | ||||||
14 | racial, ethnic, or gender-based discrimination which directly | ||||||
15 | impacts a State agency or public institution of higher | ||||||
16 | education contracting with such firms. If after reviewing such | ||||||
17 | evidence the Council finds that there is or has been such | ||||||
18 | discrimination against a specific group, race or sex, the | ||||||
19 | Council shall establish sheltered markets or adjust existing | ||||||
20 | sheltered markets tailored to address the Council's specific | ||||||
21 | findings for the divisions of work specified in paragraphs (a), | ||||||
22 | (b), and (c) of subsection (1) of this Section.
| ||||||
23 | (Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20 .)
| ||||||
24 | (30 ILCS 575/6) (from Ch. 127, par. 132.606)
| ||||||
25 | (Section scheduled to be repealed on June 30, 2024)
|
| |||||||
| |||||||
1 | Sec. 6. Agency compliance plans. Each State agency and | ||||||
2 | public institutions of higher education
under the
jurisdiction | ||||||
3 | of this Act
shall file
with the Council an annual compliance | ||||||
4 | plan which shall outline the
goals of the State agency or | ||||||
5 | public institutions of higher education for contracting with | ||||||
6 | businesses owned by minorities, women, and
persons with | ||||||
7 | disabilities for the then current fiscal
year, the manner in | ||||||
8 | which the agency intends to reach these goals and a
timetable | ||||||
9 | for reaching these goals. The Council shall review and approve
| ||||||
10 | the plan of each State agency and public institutions of higher | ||||||
11 | education and may reject any
plan that does
not comply with
| ||||||
12 | this Act or any rules or regulations promulgated pursuant to | ||||||
13 | this Act.
| ||||||
14 | (a) The compliance plan shall also include, but not be | ||||||
15 | limited to, (1) a
policy statement, signed by the State agency | ||||||
16 | or public institution of higher education head,
expressing a
| ||||||
17 | commitment to
encourage the use of
businesses owned by
| ||||||
18 | minorities, women, and persons with disabilities, (2) the | ||||||
19 | designation of
the liaison
officer
provided for in Section 5 of | ||||||
20 | this Act, (3) procedures to distribute to
potential contractors | ||||||
21 | and vendors the list of all businesses legitimately classified | ||||||
22 | as businesses owned by
minorities, women, and persons with | ||||||
23 | disabilities and so certified under
this Act, (4) procedures to | ||||||
24 | set
separate contract goals on specific prime contracts and | ||||||
25 | purchase orders
with subcontracting possibilities based upon | ||||||
26 | the type of work or services
and subcontractor availability, |
| |||||||
| |||||||
1 | (5) procedures to assure that contractors
and vendors make good | ||||||
2 | faith efforts to meet contract goals, (6) procedures
for | ||||||
3 | contract goal exemption, modification and waiver, and (7) the | ||||||
4 | delineation
of separate contract goals for businesses owned by | ||||||
5 | minorities, women, and persons with
disabilities.
| ||||||
6 | (b) Approval of the compliance plans shall include such | ||||||
7 | delegation of
responsibilities to the requesting State agency | ||||||
8 | or public institution of higher education as
the Council
deems | ||||||
9 | necessary
and appropriate to fulfill the purpose of this Act. | ||||||
10 | Such responsibilities
may include, but need not be limited to | ||||||
11 | those outlined in subsections (1),
(2) and (3) of Section 7, | ||||||
12 | paragraph (a) of Section 8, and Section 8a of this Act.
| ||||||
13 | (c) Each State agency and public institution of higher | ||||||
14 | education under the jurisdiction of
this Act
shall
file with | ||||||
15 | the Council an annual report of its utilization of businesses | ||||||
16 | owned
by minorities, women, and persons with disabilities | ||||||
17 | during the preceding fiscal year including lapse period | ||||||
18 | spending
and a mid-fiscal year report of its utilization to | ||||||
19 | date for the then current
fiscal year. The reports shall | ||||||
20 | include a self-evaluation of the efforts of the
State agency or | ||||||
21 | public institution of higher education to meet its goals under | ||||||
22 | the
Act.
| ||||||
23 | (d) Notwithstanding any provisions to the contrary in this | ||||||
24 | Act,
any State
agency or public institution of higher education | ||||||
25 | which administers a construction program,
for which federal law | ||||||
26 | or regulations establish standards and procedures for
the |
| |||||||
| |||||||
1 | utilization of minority-owned and women-owned businesses and | ||||||
2 | disadvantaged businesses,
shall implement a disadvantaged | ||||||
3 | business enterprise program to include minority-owned and | ||||||
4 | women-owned businesses and disadvantaged businesses, using
the | ||||||
5 | federal
standards and procedures for the establishment of goals | ||||||
6 | and
utilization procedures for the State-funded, as well as the | ||||||
7 | federally
assisted, portions of the program. In such cases, | ||||||
8 | these goals shall not
exceed those established pursuant to the | ||||||
9 | relevant federal statutes or
regulations.
Notwithstanding the | ||||||
10 | provisions of Section 8b, the Illinois Department of
| ||||||
11 | Transportation is authorized to establish sheltered markets | ||||||
12 | for the
State-funded portions of the program consistent with | ||||||
13 | federal law and
regulations.
Additionally, a compliance plan | ||||||
14 | which is filed by such State
agency or public institution of | ||||||
15 | higher education pursuant to this Act, which incorporates
| ||||||
16 | equivalent terms and
conditions of its federally-approved | ||||||
17 | compliance plan, shall be deemed
approved under this Act.
| ||||||
18 | (e) Each State agency and public institution of higher | ||||||
19 | education under the jurisdiction of this Act shall include, | ||||||
20 | along with the compliance plan filed with the Council under | ||||||
21 | this Section, an annual plan of action to specifically rectify | ||||||
22 | the disparity between the representation of Descendants of | ||||||
23 | American Slavery in State contracts compared to the percentage | ||||||
24 | of such persons who are residents of this State. The plan of | ||||||
25 | action shall outline actions to be taken by the State agency to | ||||||
26 | increase representation of Descendants of American Slavery in |
| |||||||
| |||||||
1 | State contracting, and include the percentage of contracts | ||||||
2 | entered into between the State agency and businesses owned by | ||||||
3 | Descendants of American Slavery. | ||||||
4 | (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17 .)
| ||||||
5 | (30 ILCS 575/7) (from Ch. 127, par. 132.607) | ||||||
6 | (Section scheduled to be repealed on June 30, 2024) | ||||||
7 | Sec. 7. Exemptions; waivers; publication of data. | ||||||
8 | (1) Individual contract exemptions.
The Council, at the | ||||||
9 | written request of the affected agency,
public institution of | ||||||
10 | higher education, or recipient of a grant or loan of State | ||||||
11 | funds of $250,000 or more complying with Section 45 of the | ||||||
12 | State Finance Act, may permit an individual contract or | ||||||
13 | contract package,
(related contracts being bid or awarded | ||||||
14 | simultaneously for the same project
or improvements) be made | ||||||
15 | wholly or partially exempt from State contracting
goals for | ||||||
16 | businesses owned by
minorities, women, and persons with | ||||||
17 | disabilities prior to the advertisement
for bids or | ||||||
18 | solicitation of proposals whenever there has been a
| ||||||
19 | determination, reduced to writing and based on the best | ||||||
20 | information
available at the time of the determination, that | ||||||
21 | there is an insufficient
number of businesses owned by | ||||||
22 | minorities, women, and persons with disabilities to ensure | ||||||
23 | adequate
competition and an expectation of reasonable prices on | ||||||
24 | bids or proposals
solicited for the individual contract or | ||||||
25 | contract package in question. Any such exemptions shall be |
| |||||||
| |||||||
1 | given by
the Council to the Bureau on Apprenticeship Programs. | ||||||
2 | (a) Written request for contract exemption. A written | ||||||
3 | request for an individual contract exemption must include, | ||||||
4 | but is not limited to, the following: | ||||||
5 | (i) a list of eligible businesses owned by | ||||||
6 | minorities, women, and persons with disabilities; | ||||||
7 | (ii) a clear demonstration that the number of | ||||||
8 | eligible businesses identified in subparagraph (i) | ||||||
9 | above is insufficient to ensure adequate competition; | ||||||
10 | (iii) the difference in cost between the contract | ||||||
11 | proposals being offered by businesses owned by | ||||||
12 | minorities, women, and persons with disabilities and | ||||||
13 | the agency or public institution of higher education's | ||||||
14 | expectations of reasonable prices on bids or proposals | ||||||
15 | within that class; and | ||||||
16 | (iv) a list of eligible businesses owned by | ||||||
17 | minorities, women, and persons with
disabilities that | ||||||
18 | the contractor has used in the current and prior fiscal | ||||||
19 | years. | ||||||
20 | (b) Determination. The Council's determination | ||||||
21 | concerning an individual contract exemption must consider, | ||||||
22 | at a minimum, the following: | ||||||
23 | (i) the justification for the requested exemption, | ||||||
24 | including whether diligent efforts were undertaken to | ||||||
25 | identify and solicit eligible businesses owned by | ||||||
26 | minorities, women, and persons with disabilities; |
| |||||||
| |||||||
1 | (ii) the total number of exemptions granted to the | ||||||
2 | affected agency, public institution of higher | ||||||
3 | education, or recipient of a grant or loan of State | ||||||
4 | funds of $250,000 or more complying with Section 45 of | ||||||
5 | the State Finance Act that have been granted by the | ||||||
6 | Council in the current and prior fiscal years; and | ||||||
7 | (iii) the percentage of contracts awarded by the | ||||||
8 | agency or public institution of higher education to | ||||||
9 | eligible businesses owned by minorities, women, and | ||||||
10 | persons with disabilities in the current and prior | ||||||
11 | fiscal years. | ||||||
12 | (2) Class exemptions. | ||||||
13 | (a) Creation. The Council, at the written request of | ||||||
14 | the affected agency or public institution of higher | ||||||
15 | education, may permit an entire
class of
contracts be made | ||||||
16 | exempt from State
contracting goals for businesses owned by | ||||||
17 | minorities, women, and persons
with disabilities whenever | ||||||
18 | there has been a determination, reduced to
writing and | ||||||
19 | based on the best information available at the time of the
| ||||||
20 | determination, that there is an insufficient number of | ||||||
21 | qualified businesses owned by minorities, women, and | ||||||
22 | persons with
disabilities to ensure adequate competition | ||||||
23 | and an
expectation of reasonable prices on bids or | ||||||
24 | proposals within that class. Any such exemption shall be | ||||||
25 | given by
the Council to the Bureau on Apprenticeship | ||||||
26 | Programs. |
| |||||||
| |||||||
1 | (a-1) Written request for class exemption. A written | ||||||
2 | request for a class exemption must include, but is not | ||||||
3 | limited to, the following: | ||||||
4 | (i) a list of eligible businesses owned by | ||||||
5 | minorities, women, and persons with disabilities; | ||||||
6 | (ii) a clear demonstration that the number of | ||||||
7 | eligible businesses identified in subparagraph (i) | ||||||
8 | above is insufficient to ensure adequate competition; | ||||||
9 | (iii) the difference in cost between the contract | ||||||
10 | proposals being offered by eligible businesses owned | ||||||
11 | by minorities, women, and persons with disabilities | ||||||
12 | and the agency or public institution of higher | ||||||
13 | education's expectations of reasonable prices on bids | ||||||
14 | or proposals within that class; and | ||||||
15 | (iv) the number of class exemptions the affected | ||||||
16 | agency or public institution
of higher education | ||||||
17 | requested in the current and prior fiscal years. | ||||||
18 | (a-2) Determination. The Council's determination | ||||||
19 | concerning class exemptions must consider, at a minimum, | ||||||
20 | the following: | ||||||
21 | (i) the justification for the requested exemption, | ||||||
22 | including whether diligent efforts were undertaken to | ||||||
23 | identify and solicit eligible businesses owned by | ||||||
24 | minorities, women, and persons with disabilities; | ||||||
25 | (ii) the total number of class exemptions granted | ||||||
26 | to the requesting agency or public institution of |
| |||||||
| |||||||
1 | higher education that have been granted by the Council | ||||||
2 | in the current and prior fiscal years; and | ||||||
3 | (iii) the percentage of contracts awarded by the | ||||||
4 | agency or public institution of higher education to | ||||||
5 | eligible businesses owned by minorities, women, and | ||||||
6 | persons with disabilities the current and prior fiscal | ||||||
7 | years. | ||||||
8 | (b) Limitation. Any such class exemption shall not be | ||||||
9 | permitted for a
period of more than one year at a time. | ||||||
10 | (3) Waivers. Where a particular contract requires a | ||||||
11 | contractor to meet
a goal established pursuant to this Act, the | ||||||
12 | contractor shall have the right
to request a waiver from such | ||||||
13 | requirements. Except as otherwise provided in this Section, the | ||||||
14 | The Council shall grant the
waiver where the contractor | ||||||
15 | demonstrates that there has been made a good
faith effort to | ||||||
16 | comply with the goals for
participation by businesses owned by | ||||||
17 | minorities, women, and persons with
disabilities. Any such | ||||||
18 | waiver shall also be
transmitted in writing to the Bureau on | ||||||
19 | Apprenticeship Programs. | ||||||
20 | (a) Request for waiver. A contractor's request for a | ||||||
21 | waiver under this subsection (3) must include, but is not | ||||||
22 | limited to, the following, if available: | ||||||
23 | (i) a list of eligible businesses owned by | ||||||
24 | minorities, women, and persons with disabilities that | ||||||
25 | pertain to the class of contracts in the requested | ||||||
26 | waiver; |
| |||||||
| |||||||
1 | (ii) a clear demonstration that the number of | ||||||
2 | eligible businesses identified in subparagraph (i) | ||||||
3 | above is insufficient to ensure competition; | ||||||
4 | (iii) the difference in cost between the contract | ||||||
5 | proposals being offered by businesses owned by | ||||||
6 | minorities, women, and persons with disabilities and | ||||||
7 | the agency or the public institution of higher | ||||||
8 | education's expectations of reasonable prices on bids | ||||||
9 | or proposals within that class; and | ||||||
10 | (iv) a list of businesses owned by minorities, | ||||||
11 | women, and persons with disabilities that the | ||||||
12 | contractor has used in the current and prior fiscal | ||||||
13 | years. | ||||||
14 | (b) Determination. The Council's determination | ||||||
15 | concerning waivers must include following: | ||||||
16 | (i) the justification for the requested waiver, | ||||||
17 | including whether the requesting contractor made a | ||||||
18 | good faith effort to identify and solicit eligible | ||||||
19 | businesses owned by minorities, women, and persons | ||||||
20 | with disabilities; | ||||||
21 | (ii) the total number of waivers the contractor has | ||||||
22 | been granted by the Council in the current and prior | ||||||
23 | fiscal years; | ||||||
24 | (iii) the percentage of contracts awarded by the | ||||||
25 | agency or public institution of higher education to | ||||||
26 | eligible businesses owned by minorities, women, and |
| |||||||
| |||||||
1 | persons with disabilities in the current and prior | ||||||
2 | fiscal years; and | ||||||
3 | (iv) the contractor's use of businesses owned by | ||||||
4 | minorities, women, and persons with disabilities in | ||||||
5 | the current and prior fiscal years. | ||||||
6 | (c) Contract value. Any waiver request submitted under | ||||||
7 | this Section for which the contract has a total dollar | ||||||
8 | amount valued between $100,000 and $999,000 must be | ||||||
9 | approved by the Council. Any contract request submitted | ||||||
10 | under this Section for which the contract has a total | ||||||
11 | dollar amount valued at $1,000,000 or more must be approved | ||||||
12 | by the General Assembly. | ||||||
13 | (3.5) (Blank). | ||||||
14 | (4) Conflict with other laws. In the event that any State | ||||||
15 | contract, which
otherwise would be subject to the provisions of | ||||||
16 | this Act, is or becomes
subject to federal laws or regulations | ||||||
17 | which conflict with the provisions
of this Act or actions of | ||||||
18 | the State taken pursuant hereto, the provisions
of the federal | ||||||
19 | laws or regulations shall apply and the contract shall be
| ||||||
20 | interpreted and enforced accordingly. | ||||||
21 | (5) Each chief procurement officer, as defined in the | ||||||
22 | Illinois Procurement Code, shall maintain on his or her | ||||||
23 | official Internet website a database of the following: (i) | ||||||
24 | waivers granted under this Section with respect to contracts | ||||||
25 | under his or her jurisdiction; (ii) a State agency or public | ||||||
26 | institution of higher education's written request for an |
| |||||||
| |||||||
1 | exemption of an individual contract or an entire class of | ||||||
2 | contracts; and (iii) the Council's written determination | ||||||
3 | granting or denying a request for an exemption of an individual | ||||||
4 | contract or an entire class of contracts. The database, which | ||||||
5 | shall be updated periodically as necessary, shall be searchable | ||||||
6 | by contractor name and by contracting State agency. | ||||||
7 | (6) Each chief procurement officer, as defined by the | ||||||
8 | Illinois Procurement Code, shall maintain on its website a list | ||||||
9 | of all firms that have been prohibited from bidding, offering, | ||||||
10 | or entering into a contract with the State of Illinois as a | ||||||
11 | result of violations of this Act. | ||||||
12 | Each public notice required by law of the award of a State | ||||||
13 | contract shall include for each bid or offer submitted for that | ||||||
14 | contract the following: (i) the bidder's or offeror's name, | ||||||
15 | (ii) the bid amount, (iii) the name or names of the certified | ||||||
16 | firms identified in the bidder's or offeror's submitted | ||||||
17 | utilization plan, and (iv) the bid's amount and percentage of | ||||||
18 | the contract awarded to businesses owned by minorities, women, | ||||||
19 | and persons with disabilities identified in the utilization | ||||||
20 | plan. | ||||||
21 | (Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20; | ||||||
22 | 101-601, eff. 1-1-20.)
| ||||||
23 | (30 ILCS 575/8f)
| ||||||
24 | (Section scheduled to be repealed on June 30, 2024)
| ||||||
25 | Sec. 8f. Annual report. The Council shall file no later |
| |||||||
| |||||||
1 | than March 1
of each year, an annual report that shall detail | ||||||
2 | the level of achievement
toward the
goals specified in this Act | ||||||
3 | over the 3 most recent fiscal years. The annual
report shall | ||||||
4 | include, but need not be limited to the following:
| ||||||
5 | (1) a summary detailing expenditures subject to the | ||||||
6 | goals, the
actual goals specified, and the goals attained | ||||||
7 | by each State agency and public institution of higher | ||||||
8 | education;
| ||||||
9 | (2) a summary of the number of contracts awarded and | ||||||
10 | the average contract
amount by each State agency and public | ||||||
11 | institution of higher education;
| ||||||
12 | (3) an analysis of the level of overall goal | ||||||
13 | achievement concerning
purchases
from minority-owned | ||||||
14 | businesses, women-owned businesses, and businesses owned | ||||||
15 | by
persons with disabilities;
| ||||||
16 | (4) an analysis of the number of businesses owned by | ||||||
17 | minorities, women,
and persons with disabilities that are | ||||||
18 | certified under the program as well as
the number of those | ||||||
19 | businesses that received State procurement contracts; and
| ||||||
20 | (5) a summary of the number of contracts awarded to | ||||||
21 | businesses with annual
gross sales of less than $1,000,000; | ||||||
22 | of $1,000,000 or more, but less than
$5,000,000; of
| ||||||
23 | $5,000,000 or more, but less than $10,000,000; and of | ||||||
24 | $10,000,000 or more ; and .
| ||||||
25 | (6) a summary detailing the disparity between the | ||||||
26 | representation of Descendants of American Slavery in State |
| |||||||
| |||||||
1 | contracts compared to the percentage of such persons who | ||||||
2 | are residents of this State, and a summary of the efforts | ||||||
3 | to eliminate that disparity based upon the requirements of | ||||||
4 | this Act. | ||||||
5 | (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17 .)
| ||||||
6 | Article 25. | ||||||
7 | Section 25-5. The Illinois Procurement Code is amended by | ||||||
8 | changing Sections 20-15, 20-60, and 35-30 and by adding Section | ||||||
9 | 50-85 as follows:
| ||||||
10 | (30 ILCS 500/20-15)
| ||||||
11 | Sec. 20-15. Competitive sealed proposals.
| ||||||
12 | (a) Conditions for use. When provided under this Code or | ||||||
13 | under
rules, or when
the purchasing agency determines in | ||||||
14 | writing that the use of
competitive sealed bidding
is either | ||||||
15 | not practicable or not advantageous to the State, a
contract | ||||||
16 | may be entered into by
competitive sealed proposals.
| ||||||
17 | (b) Request for proposals. Proposals shall be solicited
| ||||||
18 | through a request for proposals.
| ||||||
19 | (c) Public notice. Public notice of the request for
| ||||||
20 | proposals shall be published in the
Illinois Procurement | ||||||
21 | Bulletin at least 14 calendar days before the date set
in the | ||||||
22 | invitation for the opening
of proposals.
| ||||||
23 | (d) Receipt of proposals. Proposals shall be opened
|
| |||||||
| |||||||
1 | publicly or via an electronic procurement system in the | ||||||
2 | presence of one or
more witnesses at the time and place | ||||||
3 | designated in the request for
proposals, but proposals shall
be | ||||||
4 | opened in a manner to avoid disclosure of contents to competing
| ||||||
5 | offerors during the process
of negotiation. A record of | ||||||
6 | proposals shall be prepared and
shall be open for public | ||||||
7 | inspection
after contract award.
| ||||||
8 | (e) Evaluation factors. The requests for proposals shall
| ||||||
9 | state the relative importance of
price and other evaluation | ||||||
10 | factors. Proposals shall be submitted
in 2 parts: the first, | ||||||
11 | covering
items except price; and the second, commitment to | ||||||
12 | diversity; and the third, all other items. Each part of all | ||||||
13 | proposals shall be evaluated and ranked independently of the | ||||||
14 | other parts of all proposals. The results of the evaluation of | ||||||
15 | all 3 parts shall be used in ranking of proposals covering | ||||||
16 | price . The first
part of all proposals shall be
evaluated and | ||||||
17 | ranked independently of the second part of
all proposals.
| ||||||
18 | (e-5) Method of scoring. | ||||||
19 | (1) The point scoring methodology for competitive | ||||||
20 | sealed proposals shall provide points for commitment to | ||||||
21 | diversity. Those points shall be equivalent to 20% of the | ||||||
22 | points assigned to the third part of the proposal, all | ||||||
23 | other items. | ||||||
24 | (2) Factors to be considered in the award of these | ||||||
25 | points shall be set by rule by the applicable chief | ||||||
26 | procurement officer and may include, but are not limited |
| |||||||
| |||||||
1 | to: | ||||||
2 | (A) whether or how well the respondent, on the | ||||||
3 | solicitation being evaluated, met the goal of | ||||||
4 | contracting or subcontracting with businesses owned by | ||||||
5 | women, minorities, or persons with disabilities; | ||||||
6 | (B) whether the respondent, on the solicitation | ||||||
7 | being evaluated, assisted businesses owned by women, | ||||||
8 | minorities, or persons with disabilities in obtaining | ||||||
9 | lines of credit, insurance, necessary equipment, | ||||||
10 | supplies, materials, or related assistance or | ||||||
11 | services; | ||||||
12 | (C) the percentage of prior year revenues of the | ||||||
13 | respondent that involve businesses owned by women, | ||||||
14 | minorities, or persons with disabilities; | ||||||
15 | (D) whether the respondent has a written supplier | ||||||
16 | diversity program, including, but not limited to, use | ||||||
17 | of diversity vendors in the supply chain and a training | ||||||
18 | or mentoring program with businesses owned by women, | ||||||
19 | minorities, or persons with disabilities; and | ||||||
20 | (E) the percentage of members of the respondent's | ||||||
21 | governing board, senior executives, and managers who | ||||||
22 | are women, minorities, or persons with disabilities. | ||||||
23 | (3) If any State agency or public institution of higher | ||||||
24 | education contract is eligible to be paid for or | ||||||
25 | reimbursed, in whole or in part, with federal-aid funds, | ||||||
26 | grants, or loans, and the provisions of this subsection |
| |||||||
| |||||||
1 | (e-5) would result in the loss of those federal-aid funds, | ||||||
2 | grants, or loans, then the contract is exempt from the | ||||||
3 | provisions of this Section in order to remain eligible for | ||||||
4 | those federal-aid funds, grants, or loans.
For the purposes | ||||||
5 | of this subsection (e-5): | ||||||
6 | "Manager" means a person who controls or administers | ||||||
7 | all or part of a company or similar organization. | ||||||
8 | "Minorities" has the same meaning as "minority person" | ||||||
9 | under Section 2 of the Business Enterprise for Minorities, | ||||||
10 | Women, and Persons with Disabilities Act. | ||||||
11 | "Persons with disabilities" has the same meaning as | ||||||
12 | "person with a disability" under Section 2 of the Business | ||||||
13 | Enterprise for Minorities, Women, and Persons with | ||||||
14 | Disabilities Act. | ||||||
15 | "Senior executive" means the chief executive officer, | ||||||
16 | chief operating officer, chief financial officer, or | ||||||
17 | anyone else in charge of a principal business unit or | ||||||
18 | function. | ||||||
19 | "Women" has the same meaning as "woman" under Section 2 | ||||||
20 | of the Business Enterprise for Minorities, Women, and | ||||||
21 | Persons with Disabilities Act. | ||||||
22 | (f) Discussion with responsible offerors and revisions of | ||||||
23 | offers or
proposals. As provided in the
request for proposals | ||||||
24 | and under rules, discussions
may be conducted with
responsible | ||||||
25 | offerors who submit offers or proposals determined to be
| ||||||
26 | reasonably susceptible of being
selected for award for the |
| |||||||
| |||||||
1 | purpose of clarifying and assuring full
understanding of and
| ||||||
2 | responsiveness to the solicitation requirements. Those | ||||||
3 | offerors
shall be accorded fair and equal
treatment with | ||||||
4 | respect to any opportunity for discussion and
revision of | ||||||
5 | proposals. Revisions
may be permitted after submission and | ||||||
6 | before award for the
purpose of obtaining best and final
| ||||||
7 | offers. In conducting discussions there shall be no disclosure | ||||||
8 | of
any information derived from
proposals submitted by | ||||||
9 | competing offerors.
If information is disclosed to any offeror, | ||||||
10 | it shall be
provided to all competing offerors.
| ||||||
11 | (g) Award. Awards shall be made to the responsible offeror
| ||||||
12 | whose proposal is
determined in writing to be the most | ||||||
13 | advantageous to the State,
taking into consideration price and | ||||||
14 | the evaluation factors set forth in the request for proposals.
| ||||||
15 | The contract file shall contain
the basis on which the award is
| ||||||
16 | made.
| ||||||
17 | (Source: P.A. 100-43, eff. 8-9-17.)
| ||||||
18 | (30 ILCS 500/20-60) | ||||||
19 | Sec. 20-60. Duration of contracts. | ||||||
20 | (a) Maximum duration. A contract may be entered into for
| ||||||
21 | any period of time deemed
to be in the best interests of the | ||||||
22 | State but not
exceeding 10 years inclusive, beginning January | ||||||
23 | 1, 2010, of proposed contract renewals. Third parties may lease | ||||||
24 | State-owned dark fiber networks for any period of time deemed | ||||||
25 | to be in the best interest of the State, but not exceeding 20 |
| |||||||
| |||||||
1 | years. The length of
a lease for real property or capital | ||||||
2 | improvements shall be in
accordance with the provisions of
| ||||||
3 | Section 40-25. The length of energy conservation program | ||||||
4 | contracts or energy savings contracts or leases shall be in | ||||||
5 | accordance with the provisions of Section 25-45. A contract for | ||||||
6 | bond or mortgage insurance awarded by the Illinois Housing | ||||||
7 | Development Authority, however, may be entered into for any | ||||||
8 | period of time less than or equal to the maximum period of time | ||||||
9 | that the subject bond or mortgage may remain outstanding.
| ||||||
10 | (b) Subject to appropriation. All contracts made or entered
| ||||||
11 | into shall recite that they are
subject to termination and | ||||||
12 | cancellation in any year for which the
General Assembly fails | ||||||
13 | to make
an appropriation to make payments under the terms of | ||||||
14 | the contract. | ||||||
15 | (c) The chief procurement officer shall file a proposed | ||||||
16 | extension or renewal of a contract with the Procurement Policy | ||||||
17 | Board prior to entering into any extension or renewal if the | ||||||
18 | cost associated with the extension or renewal exceeds $249,999. | ||||||
19 | The Procurement Policy Board may object to the proposed | ||||||
20 | extension or renewal within 30 calendar days and require a | ||||||
21 | hearing before the Board prior to entering into the extension | ||||||
22 | or renewal. If the Procurement Policy Board does not object | ||||||
23 | within 30 calendar days or takes affirmative action to | ||||||
24 | recommend the extension or renewal, the chief procurement | ||||||
25 | officer may enter into the extension or renewal of a contract. | ||||||
26 | This subsection does not apply to any emergency procurement, |
| |||||||
| |||||||
1 | any procurement under Article 40, or any procurement exempted | ||||||
2 | by Section 1-10(b) of this Code. If any State agency contract | ||||||
3 | is paid for in whole or in part with federal-aid funds, grants, | ||||||
4 | or loans and the provisions of this subsection would result in | ||||||
5 | the loss of those federal-aid funds, grants, or loans, then the | ||||||
6 | contract is exempt from the provisions of this subsection in | ||||||
7 | order to remain eligible for those federal-aid funds, grants, | ||||||
8 | or loans, and the State agency shall file notice of this | ||||||
9 | exemption with the Procurement Policy Board prior to entering | ||||||
10 | into the proposed extension or renewal. Nothing in this | ||||||
11 | subsection permits a chief procurement officer to enter into an | ||||||
12 | extension or renewal in violation of subsection (a). By August | ||||||
13 | 1 each year, the Procurement Policy Board shall file a report | ||||||
14 | with the General Assembly identifying for the previous fiscal | ||||||
15 | year (i) the proposed extensions or renewals that were filed | ||||||
16 | with the Board and whether the Board objected and (ii) the | ||||||
17 | contracts exempt from this subsection. | ||||||
18 | (d) Notwithstanding the provisions of subsection (a) of | ||||||
19 | this Section, the Department of Innovation and Technology may | ||||||
20 | enter into leases for dark fiber networks for any period of | ||||||
21 | time deemed to be in the best interests of the State but not | ||||||
22 | exceeding 20 years inclusive. The Department of Innovation and | ||||||
23 | Technology may lease dark fiber networks from third parties | ||||||
24 | only for the primary purpose of providing services (i) to the | ||||||
25 | offices of Governor, Lieutenant Governor, Attorney General, | ||||||
26 | Secretary of State, Comptroller, or Treasurer and State |
| |||||||
| |||||||
1 | agencies, as defined under Section 5-15 of the Civil | ||||||
2 | Administrative Code of Illinois or (ii) for anchor | ||||||
3 | institutions, as defined in Section 7 of the Illinois Century | ||||||
4 | Network Act. Dark fiber network lease contracts shall be | ||||||
5 | subject to all other provisions of this Code and any applicable | ||||||
6 | rules or requirements, including, but not limited to, | ||||||
7 | publication of lease solicitations, use of standard State | ||||||
8 | contracting terms and conditions, and approval of vendor | ||||||
9 | certifications and financial disclosures. | ||||||
10 | (e) As used in this Section, "dark fiber network" means a | ||||||
11 | network of fiber optic cables laid but currently unused by a | ||||||
12 | third party that the third party is leasing for use as network | ||||||
13 | infrastructure. | ||||||
14 | (f) No vendor shall be eligible for renewal of a contract | ||||||
15 | when that vendor has failed to meet the goals agreed to in the | ||||||
16 | vendor's utilization plan unless the State agency has | ||||||
17 | determined that the vendor made good faith efforts toward | ||||||
18 | meeting the contract goals and has issued a waiver or that | ||||||
19 | vendor is not otherwise excused from compliance by the chief | ||||||
20 | procurement officer in consultation with the purchasing State | ||||||
21 | Agency. The form and content of the waiver shall be prescribed | ||||||
22 | by each chief procurement officer who shall maintain on his or | ||||||
23 | her official website a database of waivers granted under this | ||||||
24 | Section with respect to contracts under his or her | ||||||
25 | jurisdiction. The database shall be updated periodically and | ||||||
26 | shall be searchable by contractor name and by contracting State |
| |||||||
| |||||||
1 | agency or public institution of higher education. | ||||||
2 | (Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18; | ||||||
3 | 101-81, eff. 7-12-19.) | ||||||
4 | (30 ILCS 500/35-30) | ||||||
5 | Sec. 35-30. Awards. | ||||||
6 | (a) All State contracts for professional and artistic | ||||||
7 | services, except as
provided in this Section, shall be awarded | ||||||
8 | using the
competitive request for proposal process outlined in | ||||||
9 | this Section. The scoring for requests for proposals shall | ||||||
10 | include the commitment to diversity factors and methodology | ||||||
11 | described in subsection (e-5) of Section 20-15. | ||||||
12 | (b) For each contract offered, the chief procurement | ||||||
13 | officer, State
purchasing officer, or his or her designee shall | ||||||
14 | use the appropriate standard
solicitation
forms
available from | ||||||
15 | the chief procurement officer for matters other than | ||||||
16 | construction or the higher
education chief procurement | ||||||
17 | officer. | ||||||
18 | (c) Prepared forms shall be submitted to the chief | ||||||
19 | procurement officer for matters other than construction or the | ||||||
20 | higher education chief procurement officer,
whichever is | ||||||
21 | appropriate, for
publication in its Illinois Procurement | ||||||
22 | Bulletin and circulation to the chief procurement officer for | ||||||
23 | matters other than construction
or the higher education chief | ||||||
24 | procurement officer's list of
prequalified vendors. Notice of | ||||||
25 | the offer or request for
proposal shall appear at least 14 |
| |||||||
| |||||||
1 | calendar days before the response to the offer is due. | ||||||
2 | (d) All interested respondents shall return their | ||||||
3 | responses to the chief procurement officer for matters other | ||||||
4 | than construction
or the higher education chief procurement | ||||||
5 | officer,
whichever is appropriate, which shall open
and record | ||||||
6 | them. The chief procurement officer for matters other than | ||||||
7 | construction or higher education chief procurement officer
| ||||||
8 | then shall forward the responses, together
with any
information | ||||||
9 | it has available about the qualifications and other State work
| ||||||
10 | of the respondents. | ||||||
11 | (e) After evaluation, ranking, and selection, the | ||||||
12 | responsible chief
procurement officer, State purchasing | ||||||
13 | officer, or
his or her designee shall notify the chief | ||||||
14 | procurement officer for matters other than construction
or the | ||||||
15 | higher education chief procurement officer, whichever is | ||||||
16 | appropriate,
of the successful respondent and shall forward
a | ||||||
17 | copy of the signed contract for the chief procurement officer | ||||||
18 | for matters other than construction or higher education chief
| ||||||
19 | procurement officer's file. The chief procurement officer for | ||||||
20 | matters other than construction or higher education chief
| ||||||
21 | procurement officer shall
publish the names of the
responsible | ||||||
22 | procurement decision-maker,
the agency letting the contract, | ||||||
23 | the
successful respondent, a contract reference, and value of | ||||||
24 | the let contract
in the next appropriate volume of the Illinois | ||||||
25 | Procurement Bulletin. | ||||||
26 | (f) For all professional and artistic contracts with |
| |||||||
| |||||||
1 | annualized value
that exceeds $100,000, evaluation and ranking | ||||||
2 | by price are required. Any chief
procurement officer or State | ||||||
3 | purchasing officer,
but not their designees, may select a | ||||||
4 | respondent other than the lowest respondent by
price. In any | ||||||
5 | case, when the contract exceeds the $100,000 threshold and
the | ||||||
6 | lowest respondent is not selected, the chief procurement | ||||||
7 | officer or the State
purchasing officer shall forward together
| ||||||
8 | with the contract notice of who the low respondent by price was | ||||||
9 | and a written decision as
to why another was selected to the | ||||||
10 | chief procurement officer for matters other than construction | ||||||
11 | or
the higher education chief procurement officer, whichever is | ||||||
12 | appropriate.
The chief procurement officer for matters other | ||||||
13 | than construction or higher education chief procurement | ||||||
14 | officer shall publish as
provided in subsection (e) of Section | ||||||
15 | 35-30,
but
shall include notice of the chief procurement | ||||||
16 | officer's or State purchasing
officer's written decision. | ||||||
17 | (g) The chief procurement officer for matters other than | ||||||
18 | construction and higher education chief
procurement officer | ||||||
19 | may each refine, but not
contradict, this Section by | ||||||
20 | promulgating rules
for submission to the Procurement Policy | ||||||
21 | Board and then to the Joint Committee
on Administrative Rules. | ||||||
22 | Any
refinement shall be based on the principles and procedures | ||||||
23 | of the federal
Architect-Engineer Selection Law, Public Law | ||||||
24 | 92-582 Brooks Act, and the
Architectural, Engineering, and Land | ||||||
25 | Surveying Qualifications Based Selection
Act; except that | ||||||
26 | pricing shall be an integral part of the selection process. |
| |||||||
| |||||||
1 | (Source: P.A. 100-43, eff. 8-9-17.) | ||||||
2 | (30 ILCS 500/50-85 new) | ||||||
3 | Sec. 50-85. Diversity training. (a) Each chief procurement | ||||||
4 | officer, State purchasing officer, procurement compliance | ||||||
5 | monitor, applicable support staff of each chief procurement | ||||||
6 | officer, State agency purchasing and contracting staff, those | ||||||
7 | identified under subsection (c) of Section 5-45 of the State | ||||||
8 | Officials and Employees Ethics Act who have the authority to | ||||||
9 | participate personally and substantially in the award of State | ||||||
10 | contracts, and any other State agency staff with substantial | ||||||
11 | procurement and contracting responsibilities as determined by | ||||||
12 | the chief procurement officer, in consultation with the State | ||||||
13 | agency, shall complete annual training for diversity and | ||||||
14 | inclusion. Each chief procurement officer shall prescribe the | ||||||
15 | program of diversity and inclusion training appropriate for | ||||||
16 | each chief procurement officer's jurisdiction. | ||||||
17 | Section 25-10. The Business Enterprise for Minorities, | ||||||
18 | Women, and Persons with
Disabilities Act is amended by changing | ||||||
19 | Sections 4f and 6 as follows: | ||||||
20 | (30 ILCS 575/4f) | ||||||
21 | (Section scheduled to be repealed on June 30, 2024) | ||||||
22 | Sec. 4f. Award of State contracts. | ||||||
23 | (1) It is hereby declared to be the public policy of the |
| |||||||
| |||||||
1 | State of Illinois to promote and encourage each State agency | ||||||
2 | and public institution of higher education to use businesses | ||||||
3 | owned by minorities, women, and persons with disabilities in | ||||||
4 | the area of goods and services, including, but not limited to, | ||||||
5 | insurance services, investment management services, | ||||||
6 | information technology services, accounting services, | ||||||
7 | architectural and engineering services, and legal services. | ||||||
8 | Furthermore, each State agency and public institution of higher | ||||||
9 | education shall utilize such firms to the greatest extent | ||||||
10 | feasible within the bounds of financial and fiduciary prudence, | ||||||
11 | and take affirmative steps to remove any barriers to the full | ||||||
12 | participation of such firms in the procurement and contracting | ||||||
13 | opportunities afforded. | ||||||
14 | (a) When a State agency or public institution of higher | ||||||
15 | education, other than a community college, awards a | ||||||
16 | contract for insurance services, for each State agency or | ||||||
17 | public institution of higher education, it shall be the | ||||||
18 | aspirational goal to use insurance brokers owned by | ||||||
19 | minorities, women, and persons with disabilities as | ||||||
20 | defined by this Act, for not less than 20% of the total | ||||||
21 | annual premiums or fees; provided that, contracts | ||||||
22 | representing at least 11% of the total annual premiums or | ||||||
23 | fees shall be awarded to businesses owned by minorities; | ||||||
24 | contracts representing at least 7% of the total annual | ||||||
25 | premiums or fees shall be awarded to women-owned | ||||||
26 | businesses; and contracts representing at least 2% of the |
| |||||||
| |||||||
1 | total annual premiums or fees shall be awarded to | ||||||
2 | businesses owned by persons with disabilities. | ||||||
3 | (b) When a State agency or public institution of higher | ||||||
4 | education, other than a community college, awards a | ||||||
5 | contract for investment services, for each State agency or | ||||||
6 | public institution of higher education, it shall be the | ||||||
7 | aspirational goal to use emerging investment managers | ||||||
8 | owned by minorities, women, and persons with disabilities | ||||||
9 | as defined by this Act, for not less than 20% of the total | ||||||
10 | funds under management; provided that, contracts | ||||||
11 | representing at least 11% of the total funds under | ||||||
12 | management shall be awarded to businesses owned by | ||||||
13 | minorities; contracts representing at least 7% of the total | ||||||
14 | funds under management shall be awarded to women-owned | ||||||
15 | businesses; and contracts representing at least 2% of the | ||||||
16 | total funds under management shall be awarded to businesses | ||||||
17 | owned by persons with disabilities. Furthermore, it is the | ||||||
18 | aspirational goal that not less than 20% of the direct | ||||||
19 | asset managers of the State funds be minorities, women, and | ||||||
20 | persons with disabilities. | ||||||
21 | (c) When a State agency or public institution of higher | ||||||
22 | education, other than a community college, awards | ||||||
23 | contracts for information technology services, accounting | ||||||
24 | services, architectural and engineering services, and | ||||||
25 | legal services, for each State agency and public | ||||||
26 | institution of higher education, it shall be the |
| |||||||
| |||||||
1 | aspirational goal to use such firms owned by minorities, | ||||||
2 | women, and persons with disabilities as defined by this Act | ||||||
3 | and lawyers who are minorities, women, and persons with | ||||||
4 | disabilities as defined by this Act, for not less than 20% | ||||||
5 | of the total dollar amount of State contracts; provided | ||||||
6 | that, contracts representing at least 11% of the total | ||||||
7 | dollar amount of State contracts shall be awarded to | ||||||
8 | businesses owned by minorities or minority lawyers; | ||||||
9 | contracts representing at least 7% of the total dollar | ||||||
10 | amount of State contracts shall be awarded to women-owned | ||||||
11 | businesses or women who are lawyers; and contracts | ||||||
12 | representing at least 2% of the total dollar amount of | ||||||
13 | State contracts shall be awarded to businesses owned by | ||||||
14 | persons with disabilities or persons with disabilities who | ||||||
15 | are lawyers. | ||||||
16 | (d) When a community college awards a contract for | ||||||
17 | insurance services, investment services, information | ||||||
18 | technology services, accounting services, architectural | ||||||
19 | and engineering services, and legal services, it shall be | ||||||
20 | the aspirational goal of each community college to use | ||||||
21 | businesses owned by minorities, women, and persons with | ||||||
22 | disabilities as defined in this Act for not less than 20% | ||||||
23 | of the total amount spent on contracts for these services | ||||||
24 | collectively; provided that, contracts representing at | ||||||
25 | least 11% of the total amount spent on contracts for these | ||||||
26 | services shall be awarded to businesses owned by |
| |||||||
| |||||||
1 | minorities; contracts representing at least 7% of the total | ||||||
2 | amount spent on contracts for these services shall be | ||||||
3 | awarded to women-owned businesses; and contracts | ||||||
4 | representing at least 2% of the total amount spent on | ||||||
5 | contracts for these services shall be awarded to businesses | ||||||
6 | owned by persons with disabilities. When a community | ||||||
7 | college awards contracts for investment services, | ||||||
8 | contracts awarded to investment managers who are not | ||||||
9 | emerging investment managers as defined in this Act shall | ||||||
10 | not be considered businesses owned by minorities, women, or | ||||||
11 | persons with disabilities for the purposes of this Section. | ||||||
12 | (e) When a State agency or public institution of higher | ||||||
13 | education issues competitive solicitations and the award | ||||||
14 | history for a service or supply category shows awards to a | ||||||
15 | class of business owners that are underrepresented, the | ||||||
16 | Council shall determine the reason for the disparity and | ||||||
17 | shall identify potential and appropriate methods to | ||||||
18 | minimize or eliminate the cause for the disparity. | ||||||
19 | If any State agency or public institution of higher | ||||||
20 | education contract is eligible to be paid for or | ||||||
21 | reimbursed, in whole or in part, with federal-aid funds, | ||||||
22 | grants, or loans, and the provisions of this paragraph (e) | ||||||
23 | would result in the loss of those federal-aid funds, | ||||||
24 | grants, or loans, then the contract is exempt from the | ||||||
25 | provisions of this paragraph (e) in order to remain | ||||||
26 | eligible for those federal-aid funds, grants, or loans. |
| |||||||
| |||||||
1 | (2) As used in this Section: | ||||||
2 | "Accounting services" means the measurement, | ||||||
3 | processing and communication of financial information | ||||||
4 | about economic entities including, but is not limited to, | ||||||
5 | financial accounting, management accounting, auditing, | ||||||
6 | cost containment and auditing services, taxation and | ||||||
7 | accounting information systems. | ||||||
8 | "Architectural and engineering services" means | ||||||
9 | professional services of an architectural or engineering | ||||||
10 | nature, or incidental services, that members of the | ||||||
11 | architectural and engineering professions, and individuals | ||||||
12 | in their employ, may logically or justifiably perform, | ||||||
13 | including studies, investigations, surveying and mapping, | ||||||
14 | tests, evaluations, consultations, comprehensive planning, | ||||||
15 | program management, conceptual designs, plans and | ||||||
16 | specifications, value engineering, construction phase | ||||||
17 | services, soils engineering, drawing reviews, preparation | ||||||
18 | of operating and maintenance manuals, and other related | ||||||
19 | services. | ||||||
20 | "Emerging investment manager" means an investment | ||||||
21 | manager or claims consultant having assets under | ||||||
22 | management below $10 billion or otherwise adjudicating | ||||||
23 | claims. | ||||||
24 | "Information technology services" means, but is not | ||||||
25 | limited to, specialized technology-oriented solutions by | ||||||
26 | combining the processes and functions of software, |
| |||||||
| |||||||
1 | hardware, networks, telecommunications, web designers, | ||||||
2 | cloud developing resellers, and electronics. | ||||||
3 | "Insurance broker" means an insurance brokerage firm, | ||||||
4 | claims administrator, or both, that procures, places all | ||||||
5 | lines of insurance, or administers claims with annual | ||||||
6 | premiums or fees of at least $5,000,000 but not more than | ||||||
7 | $10,000,000. | ||||||
8 | "Legal services" means work performed by a lawyer | ||||||
9 | including, but not limited to, contracts in anticipation of | ||||||
10 | litigation, enforcement actions, or investigations. | ||||||
11 | (3) Each State agency and public institution of higher | ||||||
12 | education shall adopt policies that identify its plan and | ||||||
13 | implementation procedures for increasing the use of service | ||||||
14 | firms owned by minorities, women, and persons with | ||||||
15 | disabilities. | ||||||
16 | (4) Except as provided in subsection (5), the Council shall | ||||||
17 | file no later than March 1 of each year an annual report to the | ||||||
18 | Governor, the Bureau on Apprenticeship Programs, and the | ||||||
19 | General Assembly. The report filed with the General Assembly | ||||||
20 | shall be filed as required in Section 3.1 of the General | ||||||
21 | Assembly Organization Act. This report shall: (i) identify the | ||||||
22 | service firms used by each State agency and public institution | ||||||
23 | of higher education, (ii) identify the actions it has | ||||||
24 | undertaken to increase the use of service firms owned by | ||||||
25 | minorities, women, and persons with disabilities, including | ||||||
26 | encouraging non-minority-owned firms to use other service |
| |||||||
| |||||||
1 | firms owned by minorities, women, and persons with disabilities | ||||||
2 | as subcontractors when the opportunities arise, (iii) state any | ||||||
3 | recommendations made by the Council to each State agency and | ||||||
4 | public institution of higher education to increase | ||||||
5 | participation by the use of service firms owned by minorities, | ||||||
6 | women, and persons with disabilities, and (iv) include the | ||||||
7 | following: | ||||||
8 | (A) For insurance services: the names of the insurance | ||||||
9 | brokers or claims consultants used, the total of risk | ||||||
10 | managed by each State agency and public institution of | ||||||
11 | higher education by insurance brokers, the total | ||||||
12 | commissions, fees paid, or both, the lines or insurance | ||||||
13 | policies placed, and the amount of premiums placed; and the | ||||||
14 | percentage of the risk managed by insurance brokers, the | ||||||
15 | percentage of total commission, fees paid, or both, the | ||||||
16 | lines or insurance policies placed, and the amount of | ||||||
17 | premiums placed with each by the insurance brokers owned by | ||||||
18 | minorities, women, and persons with disabilities by each | ||||||
19 | State agency and public institution of higher education. | ||||||
20 | (B) For investment management services: the names of | ||||||
21 | the investment managers used, the total funds under | ||||||
22 | management of investment managers; the total commissions, | ||||||
23 | fees paid, or both; the total and percentage of funds under | ||||||
24 | management of emerging investment managers owned by | ||||||
25 | minorities, women, and persons with disabilities, | ||||||
26 | including the total and percentage of total commissions, |
| |||||||
| |||||||
1 | fees paid, or both by each State agency and public | ||||||
2 | institution of higher education. | ||||||
3 | (C) The names of service firms, the percentage and | ||||||
4 | total dollar amount paid for professional services by | ||||||
5 | category by each State agency and public institution of | ||||||
6 | higher education. | ||||||
7 | (D) The names of service firms, the percentage and | ||||||
8 | total dollar amount paid for services by category to firms | ||||||
9 | owned by minorities, women, and persons with disabilities | ||||||
10 | by each State agency and public institution of higher | ||||||
11 | education. | ||||||
12 | (E) The total number of contracts awarded for services | ||||||
13 | by category and the total number of contracts awarded to | ||||||
14 | firms owned by minorities, women, and persons with | ||||||
15 | disabilities by each State agency and public institution of | ||||||
16 | higher education. | ||||||
17 | (5) For community college districts, the Business | ||||||
18 | Enterprise Council shall only report the following information | ||||||
19 | for each community college district: (i) the name of the | ||||||
20 | community colleges in the district, (ii) the name and contact | ||||||
21 | information of a person at each community college appointed to | ||||||
22 | be the single point of contact for vendors owned by minorities, | ||||||
23 | women, or persons with disabilities, (iii) the policy of the | ||||||
24 | community college district concerning certified vendors, (iv) | ||||||
25 | the certifications recognized by the community college | ||||||
26 | district for determining whether a business is owned or |
| |||||||
| |||||||
1 | controlled by a minority, woman, or person with a disability, | ||||||
2 | (v) outreach efforts conducted by the community college | ||||||
3 | district to increase the use of certified vendors, (vi) the | ||||||
4 | total expenditures by the community college district in the | ||||||
5 | prior fiscal year in the divisions of work specified in | ||||||
6 | paragraphs (a), (b), and (c) of subsection (1) of this Section | ||||||
7 | and the amount paid to certified vendors in those divisions of | ||||||
8 | work, and (vii) the total number of contracts entered into for | ||||||
9 | the divisions of work specified in paragraphs (a), (b), and (c) | ||||||
10 | of subsection (1) of this Section and the total number of | ||||||
11 | contracts awarded to certified vendors providing these | ||||||
12 | services to the community college district. The Business | ||||||
13 | Enterprise Council shall not make any utilization reports under | ||||||
14 | this Act for community college districts for Fiscal Year 2015 | ||||||
15 | and Fiscal Year 2016, but shall make the report required by | ||||||
16 | this subsection for Fiscal Year 2017 and for each fiscal year | ||||||
17 | thereafter. The Business Enterprise Council shall report the | ||||||
18 | information in items (i), (ii), (iii), and (iv) of this | ||||||
19 | subsection beginning in September of 2016. The Business | ||||||
20 | Enterprise Council may collect the data needed to make its | ||||||
21 | report from the Illinois Community College Board. | ||||||
22 | (6) The status of the utilization of services shall be | ||||||
23 | discussed at each of the regularly scheduled Business | ||||||
24 | Enterprise Council meetings. Time shall be allotted for the | ||||||
25 | Council to receive, review, and discuss the progress of the use | ||||||
26 | of service firms owned by minorities, women, and persons with |
| |||||||
| |||||||
1 | disabilities by each State agency and public institution of | ||||||
2 | higher education; and any evidence regarding past or present | ||||||
3 | racial, ethnic, or gender-based discrimination which directly | ||||||
4 | impacts a State agency or public institution of higher | ||||||
5 | education contracting with such firms. If after reviewing such | ||||||
6 | evidence the Council finds that there is or has been such | ||||||
7 | discrimination against a specific group, race or sex, the | ||||||
8 | Council shall establish sheltered markets or adjust existing | ||||||
9 | sheltered markets tailored to address the Council's specific | ||||||
10 | findings for the divisions of work specified in paragraphs (a), | ||||||
11 | (b), and (c) of subsection (1) of this Section.
| ||||||
12 | (Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20 .)
| ||||||
13 | (30 ILCS 575/6) (from Ch. 127, par. 132.606)
| ||||||
14 | (Section scheduled to be repealed on June 30, 2024)
| ||||||
15 | Sec. 6. Agency compliance plans. Each State agency and | ||||||
16 | public institutions of higher education
under the
jurisdiction | ||||||
17 | of this Act
shall file
with the Council an annual compliance | ||||||
18 | plan which shall outline the
goals of the State agency or | ||||||
19 | public institutions of higher education for contracting with | ||||||
20 | businesses owned by minorities, women, and
persons with | ||||||
21 | disabilities for the then current fiscal
year, the manner in | ||||||
22 | which the agency intends to reach these goals and a
timetable | ||||||
23 | for reaching these goals. The Council shall review and approve
| ||||||
24 | the plan of each State agency and public institutions of higher | ||||||
25 | education and may reject any
plan that does
not comply with
|
| |||||||
| |||||||
1 | this Act or any rules or regulations promulgated pursuant to | ||||||
2 | this Act.
| ||||||
3 | (a) The compliance plan shall also include, but not be | ||||||
4 | limited to, (1) a
policy statement, signed by the State agency | ||||||
5 | or public institution of higher education head,
expressing a
| ||||||
6 | commitment to
encourage the use of
businesses owned by
| ||||||
7 | minorities, women, and persons with disabilities, (2) the | ||||||
8 | designation of
the liaison
officer
provided for in Section 5 of | ||||||
9 | this Act, (3) procedures to distribute to
potential contractors | ||||||
10 | and vendors the list of all businesses legitimately classified | ||||||
11 | as businesses owned by
minorities, women, and persons with | ||||||
12 | disabilities and so certified under
this Act, (4) procedures to | ||||||
13 | set
separate contract goals on specific prime contracts and | ||||||
14 | purchase orders
with subcontracting possibilities based upon | ||||||
15 | the type of work or services
and subcontractor availability, | ||||||
16 | (5) procedures to assure that contractors
and vendors make good | ||||||
17 | faith efforts to meet contract goals, (6) procedures
for | ||||||
18 | contract goal exemption, modification and waiver, and (7) the | ||||||
19 | delineation
of separate contract goals for businesses owned by | ||||||
20 | minorities, women, and persons with
disabilities.
| ||||||
21 | (b) Approval of the compliance plans shall include such | ||||||
22 | delegation of
responsibilities to the requesting State agency | ||||||
23 | or public institution of higher education as
the Council
deems | ||||||
24 | necessary
and appropriate to fulfill the purpose of this Act. | ||||||
25 | Such responsibilities
may include, but need not be limited to | ||||||
26 | those outlined in subsections (1),
(2) and (3) of Section 7, |
| |||||||
| |||||||
1 | paragraph (a) of Section 8, and Section 8a of this Act.
| ||||||
2 | (c) Each State agency and public institution of higher | ||||||
3 | education under the jurisdiction of
this Act
shall
file with | ||||||
4 | the Council an annual report of its utilization of businesses | ||||||
5 | owned
by minorities, women, and persons with disabilities | ||||||
6 | during the preceding fiscal year including lapse period | ||||||
7 | spending
and a mid-fiscal year report of its utilization to | ||||||
8 | date for the then current
fiscal year. The reports shall | ||||||
9 | include a self-evaluation of the efforts of the
State agency or | ||||||
10 | public institution of higher education to meet its goals under | ||||||
11 | the
Act , as well as a plan to increase the diversity of the | ||||||
12 | vendors engaged in contracts with the State agency or public | ||||||
13 | institution of higher education, with a particular focus on the | ||||||
14 | most underrepresented in contract awards .
| ||||||
15 | (d) Notwithstanding any provisions to the contrary in this | ||||||
16 | Act,
any State
agency or public institution of higher education | ||||||
17 | which administers a construction program,
for which federal law | ||||||
18 | or regulations establish standards and procedures for
the | ||||||
19 | utilization of minority-owned and women-owned businesses and | ||||||
20 | disadvantaged businesses,
shall implement a disadvantaged | ||||||
21 | business enterprise program to include minority-owned and | ||||||
22 | women-owned businesses and disadvantaged businesses, using
the | ||||||
23 | federal
standards and procedures for the establishment of goals | ||||||
24 | and
utilization procedures for the State-funded, as well as the | ||||||
25 | federally
assisted, portions of the program. In such cases, | ||||||
26 | these goals shall not
exceed those established pursuant to the |
| |||||||
| |||||||
1 | relevant federal statutes or
regulations.
Notwithstanding the | ||||||
2 | provisions of Section 8b, the Illinois Department of
| ||||||
3 | Transportation is authorized to establish sheltered markets | ||||||
4 | for the
State-funded portions of the program consistent with | ||||||
5 | federal law and
regulations.
Additionally, a compliance plan | ||||||
6 | which is filed by such State
agency or public institution of | ||||||
7 | higher education pursuant to this Act, which incorporates
| ||||||
8 | equivalent terms and
conditions of its federally-approved | ||||||
9 | compliance plan, shall be deemed
approved under this Act.
| ||||||
10 | (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17 .)
| ||||||
11 | Article 30. | ||||||
12 | Section 30-5. The Farmer Equity Act is amended by adding | ||||||
13 | Section 25 as follows: | ||||||
14 | (505 ILCS 72/25 new) | ||||||
15 | Sec. 25. Disparity study; report. | ||||||
16 | (a) The Department shall conduct a study and use the data | ||||||
17 | collected to determine economic and other disparities | ||||||
18 | associated with farm ownership and farm operations in this | ||||||
19 | State. The study shall focus primarily on identifying and | ||||||
20 | comparing economic, land ownership, education, and other | ||||||
21 | related differences between African American farmers and white | ||||||
22 | farmers, but may include data collected in regards to farmers | ||||||
23 | from other socially disadvantaged groups. The study shall |
| |||||||
| |||||||
1 | collect, compare, and analyze data relating to disparities or | ||||||
2 | differences in farm operations for the following areas: | ||||||
3 | (1) Farm ownership and the size or acreage of the | ||||||
4 | farmland owned compared to the number of farmers who are | ||||||
5 | farm tenants. | ||||||
6 | (2) The distribution of farm-related generated income | ||||||
7 | and wealth. | ||||||
8 | (3) The accessibility and availability to grants, | ||||||
9 | loans, commodity subsidies, and other financial | ||||||
10 | assistance. | ||||||
11 | (4) Access to technical assistance programs and | ||||||
12 | mechanization. | ||||||
13 | (5) Participation in continuing education, outreach, | ||||||
14 | or other agriculturally related services or programs. | ||||||
15 | (6) Interest in farming by young or beginning farmers. | ||||||
16 | (b) The Department shall submit a report of study to the | ||||||
17 | Governor and General Assembly on or before January 1, 2022. The | ||||||
18 | report shall be made available on the Department's Internet | ||||||
19 | website. | ||||||
20 | Article 35. | ||||||
21 | Section 35-5. The Cannabis Regulation and Tax Act is | ||||||
22 | amended by adding Section 10-45 as follows: | ||||||
23 | (410 ILCS 705/10-45 new) |
| |||||||
| |||||||
1 | Sec. 10-45. Cannabis Equity Commission. | ||||||
2 | (a) The Cannabis Equity Commission is created and shall | ||||||
3 | reflect the diversity of the State of Illinois, including | ||||||
4 | geographic, racial, and ethnic diversity. The Cannabis Equity | ||||||
5 | Commission shall be responsible for the following: | ||||||
6 | (1) Ensuring that equity goals in the Illinois cannabis | ||||||
7 | industry, as stated in Section 10-40, are met. | ||||||
8 | (2) Overseeing implementation, from a social equity | ||||||
9 | point of view, of the original intentions of the General | ||||||
10 | Assembly in passing this Act. | ||||||
11 | (3) Tracking and analyzing minorities in the | ||||||
12 | marketplace. | ||||||
13 | (4) Ensuring that revenue is being invested properly | ||||||
14 | into R3 areas under Section 10-40. | ||||||
15 | (5) Recommending changes to make the law more equitable | ||||||
16 | to communities harmed the most by the war on drugs. | ||||||
17 | (6) Maintaining oversight of social equity programs | ||||||
18 | and application processes under this Act, including a | ||||||
19 | review of persons who approve applications. | ||||||
20 | (7) Create standards to protect true social equity | ||||||
21 | applicants from predatory businesses. | ||||||
22 | (b) The Cannabis Equity Commission's ex officio members | ||||||
23 | shall, within 4 months after the effective date of this | ||||||
24 | amendatory Act of the 101st General Assembly, convene the | ||||||
25 | Commission to appoint a full Cannabis Equity Commission and | ||||||
26 | oversee, provide guidance to, and develop an administrative |
| |||||||
| |||||||
1 | structure for the Cannabis Equity Commission. The ex officio | ||||||
2 | members are: | ||||||
3 | (1) The Lieutenant Governor, or his or her designee, | ||||||
4 | who shall serve as chair. | ||||||
5 | (2) The Attorney General, or his or her designee. | ||||||
6 | (3) The Director of Commerce and Economic Opportunity, | ||||||
7 | or his or her designee. | ||||||
8 | (4) The Director of Public Health, or his or her | ||||||
9 | designee. | ||||||
10 | (5) The Director of Corrections, or his or her | ||||||
11 | designee. | ||||||
12 | (6) The Director of Juvenile Justice, or his or her | ||||||
13 | designee. | ||||||
14 | (7) The Director of Children and Family Services, or | ||||||
15 | his or her designee. | ||||||
16 | (8) The Executive Director of the Illinois Criminal | ||||||
17 | Justice Information Authority, or his or her designee. | ||||||
18 | (9) The Director of Employment Security, or his or her | ||||||
19 | designee. | ||||||
20 | (10) The Secretary of Human Services, or his or her | ||||||
21 | designee. | ||||||
22 | (11) A member of the Senate, designated by the | ||||||
23 | President of the Senate. | ||||||
24 | (12) A member of the House of Representatives, | ||||||
25 | designated by the Speaker of the House of Representatives. | ||||||
26 | (13) A member of the Senate, designated by the Minority |
| |||||||
| |||||||
1 | Leader of the Senate. | ||||||
2 | (14) A member of the House of Representatives, | ||||||
3 | designated by the Minority Leader of the House of | ||||||
4 | Representatives. | ||||||
5 | (c) Within 90 days after the ex officio members convene, | ||||||
6 | the following members shall be appointed to the Commission by | ||||||
7 | the chair: | ||||||
8 | (1) Eight public officials of municipal geographic | ||||||
9 | jurisdictions in the State, or their designees. | ||||||
10 | (2) Four community-based providers or community | ||||||
11 | development organization representatives who provide | ||||||
12 | services to treat violence and address the social | ||||||
13 | determinants of health, or promote community investment, | ||||||
14 | including, but not limited to, services such as job | ||||||
15 | placement and training, educational services, workforce | ||||||
16 | development programming, and wealth building. No more than | ||||||
17 | 2 community-based organization representatives shall work | ||||||
18 | primarily in Cook County. At least one of the | ||||||
19 | community-based providers shall have expertise in | ||||||
20 | providing services to an immigrant population. | ||||||
21 | (3) Two experts in the field of violence reduction. | ||||||
22 | (4) One male who has previously been incarcerated and | ||||||
23 | is over the age of 24 at the time of appointment. | ||||||
24 | (5) One female who has previously been incarcerated and | ||||||
25 | is over the age of 24 at the time of appointment. | ||||||
26 | (6) Two individuals who have previously been |
| |||||||
| |||||||
1 | incarcerated and are between the ages of 17 and 24 at the | ||||||
2 | time of appointment. | ||||||
3 | As used in this subsection (c), "an individual who has been | ||||||
4 | previously incarcerated" has the same meaning as defined in | ||||||
5 | paragraph (2) of subsection (e) of Section 10-40. | ||||||
6 | Article 40. | ||||||
7 | Section 40-5. The Department of Commerce and Economic | ||||||
8 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
9 | amended by adding Section 605-1055 as follows: | ||||||
10 | (20 ILCS 605/605-1055 new) | ||||||
11 | Sec. 605-1055. Illinois SBIR/STTR Matching Funds Program. | ||||||
12 | (a) There is established the Illinois Small Business | ||||||
13 | Innovation Research (SBIR) and Small Business Technology | ||||||
14 | Transfer (STTR) Matching Funds Program to be administered by | ||||||
15 | the Department. In order to foster job creation and economic | ||||||
16 | development in the State, the Department may make grants to | ||||||
17 | eligible businesses to match funds received by the business as | ||||||
18 | an SBIR or STTR Phase I award and to encourage businesses to | ||||||
19 | apply for Phase II awards. | ||||||
20 | (b) In order to be eligible for a grant under this Section, | ||||||
21 | a business must satisfy all of the following conditions: | ||||||
22 | (1) The business must be a for-profit, Illinois-based | ||||||
23 | business. For the purposes of this Section, an |
| |||||||
| |||||||
1 | Illinois-based business is one that has its principal place | ||||||
2 | of business in this State; | ||||||
3 | (2) The business must have received an SBIR/STTR Phase | ||||||
4 | I award from a participating federal agency in response to | ||||||
5 | a specific federal solicitation. To receive the full match, | ||||||
6 | the business must also have submitted a final Phase I | ||||||
7 | report, demonstrated that the sponsoring agency has | ||||||
8 | interest in the Phase II proposal, and submitted a Phase II | ||||||
9 | proposal to the agency. | ||||||
10 | (3) The business must satisfy all federal SBIR/STTR | ||||||
11 | requirements. | ||||||
12 | (4) The business shall not receive concurrent funding | ||||||
13 | support from other sources that duplicates the purpose of | ||||||
14 | this Section. | ||||||
15 | (5) The business must certify that at least 51% of the | ||||||
16 | research described in the federal SBIR/STTR Phase II | ||||||
17 | proposal will be conducted in this State and that the | ||||||
18 | business will remain an Illinois-based business for the | ||||||
19 | duration of the SBIR/STTR Phase II project. | ||||||
20 | (6) The business must demonstrate its ability to | ||||||
21 | conduct research in its SBIR/STTR Phase II proposal. | ||||||
22 | (c) The Department may award grants to match the funds | ||||||
23 | received by a business through an SBIR/STTR Phase I proposal up | ||||||
24 | to a maximum of $50,000. Seventy-five percent of the total | ||||||
25 | grant shall be remitted to the business upon receipt of the | ||||||
26 | SBIR/STTR Phase I award and application for funds under this |
| |||||||
| |||||||
1 | Section. Twenty-five percent of the total grant shall be | ||||||
2 | remitted to the business upon submission by the business of the | ||||||
3 | Phase II application to the funding agency and acceptance of | ||||||
4 | the Phase I report by the funding agency. A business may | ||||||
5 | receive only one grant under this Section per year. A business | ||||||
6 | may receive only one grant under this Section with respect to | ||||||
7 | each federal proposal submission. Over its lifetime, a business | ||||||
8 | may receive a maximum of 5 awards under this Section. | ||||||
9 | (d) A business shall apply, under oath, to the Department | ||||||
10 | for a grant under this Section on a form prescribed by the | ||||||
11 | Department that includes at least all of the following: | ||||||
12 | (1) the name of the business, the form of business | ||||||
13 | organization under which it is operated, and the names and | ||||||
14 | addresses of the principals or management of the business; | ||||||
15 | (2) an acknowledgment of receipt of the Phase I report | ||||||
16 | and Phase II proposal by the relevant federal agency; and | ||||||
17 | (3) any other information necessary for the Department | ||||||
18 | to evaluate the application.
| ||||||
19 | Article 45. | ||||||
20 | Section 45-5. The Department of Central Management | ||||||
21 | Services Law of the
Civil Administrative Code of Illinois is | ||||||
22 | amended by adding Section 405-535 as follows: | ||||||
23 | (20 ILCS 405/405-535 new) |
| |||||||
| |||||||
1 | Sec. 405-535. African Descent-Citizens Reparations | ||||||
2 | Commission. | ||||||
3 | (a) The African Descent-Citizens Reparations Commission is | ||||||
4 | hereby established within the Department of Central Management | ||||||
5 | Services. | ||||||
6 | (b) The Commission shall include the following members: | ||||||
7 | (1) the Governor or his or her designee; | ||||||
8 | (2) one member of the House of Representatives | ||||||
9 | appointed by the Speaker of the House of Representatives; | ||||||
10 | (3) one member of the Senate appointed by the President | ||||||
11 | of the Senate; | ||||||
12 | (4) one member of the House of Representatives | ||||||
13 | appointed by the Minority leader of the House of | ||||||
14 | Representatives; | ||||||
15 | (5) one member of the Senate appointed by the Minority | ||||||
16 | leader of the Senate; | ||||||
17 | (6) three representatives of a national coalition that | ||||||
18 | supports reparations for African Americans appointed by | ||||||
19 | the Governor; and | ||||||
20 | (7) ten members of the public appointed by the | ||||||
21 | Governor, at least 8 of whom are African American | ||||||
22 | descendants of slavery. | ||||||
23 | (c) Appointment of members to the Commission shall be made | ||||||
24 | within 60 days after the effective date of this amendatory Act | ||||||
25 | of the 101st General Assembly, with the first meeting of the | ||||||
26 | Commission to be held at a reasonable period of time |
| |||||||
| |||||||
1 | thereafter. The Chairperson of the Commission shall be elected | ||||||
2 | from among the members during the first meeting. Members of the | ||||||
3 | Commission shall serve without compensation, but may be | ||||||
4 | reimbursed for travel expenses. The 10 members of the public | ||||||
5 | appointed by the Governor shall be from diverse backgrounds, | ||||||
6 | including businesspersons and persons without high school | ||||||
7 | diplomas. | ||||||
8 | (d) Administrative support and staffing for the Commission | ||||||
9 | shall be provided by the Department of Central Management | ||||||
10 | Services. Any State agency under the jurisdiction of the | ||||||
11 | Governor shall provide testimony and documents as directed by | ||||||
12 | the Department. | ||||||
13 | (e) The Commission shall perform the following duties: | ||||||
14 | (1) work to ensure equity, equality, and parity for | ||||||
15 | African American descendants of slavery mired in poverty; | ||||||
16 | (2) develop and implement measures to ensure equity, | ||||||
17 | equality, and parity for African American descendants of | ||||||
18 | slavery; | ||||||
19 | (3) hold hearings to discuss the implementation of | ||||||
20 | measures to ensure equity, equality, and parity for African | ||||||
21 | American descendants of slavery; | ||||||
22 | (4) educate the public on reparations for African | ||||||
23 | American descendants of slavery; | ||||||
24 | (5) report to the General Assembly information and | ||||||
25 | findings regarding the work of the Commission under this | ||||||
26 | Section and the feasibility of reparations for Illinois |
| |||||||
| |||||||
1 | African American descendants of slavery, including any | ||||||
2 | recommendations on the subject; and | ||||||
3 | (6) discuss and perform actions regarding the | ||||||
4 | following issues: | ||||||
5 | (i) Preservation of African American neighborhoods | ||||||
6 | and communities through investment in business | ||||||
7 | development, home ownership, and affordable housing at | ||||||
8 | the median income of each neighborhood, with a full | ||||||
9 | range of housing services and strengthening of | ||||||
10 | institutions, which shall include, without limitation, | ||||||
11 | schools, parks, and community centers. | ||||||
12 | (ii) Building and development of a Vocational | ||||||
13 | Training Center for People of African | ||||||
14 | Descent-Citizens, with satellite centers throughout | ||||||
15 | the State, to address the racial disparity in the | ||||||
16 | building trades and the de-skilling of African | ||||||
17 | American labor through the historic discrimination in | ||||||
18 | the building trade unions. The Center shall also have | ||||||
19 | departments for legitimate activities in the informal | ||||||
20 | economy and apprenticeship. | ||||||
21 | (iii) Ensuring proportional economic | ||||||
22 | representation in all State contracts, including | ||||||
23 | reviews and updates of the State procurement and | ||||||
24 | contracting requirements and procedures with the | ||||||
25 | express goal of increasing the number of African | ||||||
26 | American vendors and contracts for services to an |
| |||||||
| |||||||
1 | equitable level reflecting their population in the | ||||||
2 | State. | ||||||
3 | (iv) Creation and enforcement of an Illinois | ||||||
4 | Slavery Era Disclosure Bill mandating that in addition | ||||||
5 | to disclosure, an affidavit must be submitted entitled | ||||||
6 | "Statement of Financial Reparations" that has been | ||||||
7 | negotiated between the Commission established under | ||||||
8 | this Section and a corporation or institution that | ||||||
9 | disclosed ties to the enslavement or injury of people | ||||||
10 | of African descent in the United States of America. | ||||||
11 | (f) Beginning January 1, 2022, and for each year | ||||||
12 | thereafter, the Commission shall submit a report regarding its | ||||||
13 | actions and any information as required under this Section to | ||||||
14 | the Governor and the General Assembly. The report of the | ||||||
15 | Commission shall also be made available to the public on the | ||||||
16 | Internet website of the Department of Central Management | ||||||
17 | Services. | ||||||
18 | Article 50. | ||||||
19 | Section 50-5. The Deposit of State Moneys Act is amended by | ||||||
20 | changing Section 22.5 as follows:
| ||||||
21 | (15 ILCS 520/22.5) (from Ch. 130, par. 41a)
| ||||||
22 | (For force and effect of certain provisions, see Section 90 | ||||||
23 | of P.A. 94-79) |
| |||||||
| |||||||
1 | Sec. 22.5. Permitted investments. The State Treasurer may, | ||||||
2 | with the
approval of the Governor, invest and reinvest any | ||||||
3 | State money in the treasury
which is not needed for current | ||||||
4 | expenditures due or about to become due, in
obligations of the | ||||||
5 | United States government or its agencies or of National
| ||||||
6 | Mortgage Associations established by or under the National | ||||||
7 | Housing Act, 12
U.S.C. 1701 et seq., or
in mortgage | ||||||
8 | participation certificates representing undivided interests in
| ||||||
9 | specified, first-lien conventional residential Illinois | ||||||
10 | mortgages that are
underwritten, insured, guaranteed, or | ||||||
11 | purchased by the Federal Home Loan
Mortgage Corporation or in | ||||||
12 | Affordable Housing Program Trust Fund Bonds or
Notes as defined | ||||||
13 | in and issued pursuant to the Illinois Housing Development
Act. | ||||||
14 | All such obligations shall be considered as cash and may
be | ||||||
15 | delivered over as cash by a State Treasurer to his successor.
| ||||||
16 | The State Treasurer may, with the approval of the Governor, | ||||||
17 | purchase
any state bonds with any money in the State Treasury | ||||||
18 | that has been set
aside and held for the payment of the | ||||||
19 | principal of and interest on the
bonds. The bonds shall be | ||||||
20 | considered as cash and may be delivered over
as cash by the | ||||||
21 | State Treasurer to his successor.
| ||||||
22 | The State Treasurer may, with the approval of the Governor, | ||||||
23 | invest or
reinvest any State money in the treasury that is not | ||||||
24 | needed for
current expenditure due or about to become due, or | ||||||
25 | any money in the
State Treasury that has been set aside and | ||||||
26 | held for the payment of the
principal of and the interest on |
| |||||||
| |||||||
1 | any State bonds, in shares,
withdrawable accounts, and | ||||||
2 | investment certificates of savings and
building and loan | ||||||
3 | associations, incorporated under the laws of this
State or any | ||||||
4 | other state or under the laws of the United States;
provided, | ||||||
5 | however, that investments may be made only in those savings
and | ||||||
6 | loan or building and loan associations the shares and | ||||||
7 | withdrawable
accounts or other forms of investment securities | ||||||
8 | of which are insured
by the Federal Deposit Insurance | ||||||
9 | Corporation.
| ||||||
10 | The State Treasurer may not invest State money in any | ||||||
11 | savings and
loan or building and loan association unless a | ||||||
12 | commitment by the savings
and loan (or building and loan) | ||||||
13 | association, executed by the president
or chief executive | ||||||
14 | officer of that association, is submitted in the
following | ||||||
15 | form:
| ||||||
16 | The .................. Savings and Loan (or Building | ||||||
17 | and Loan)
Association pledges not to reject arbitrarily | ||||||
18 | mortgage loans for
residential properties within any | ||||||
19 | specific part of the community served
by the savings and | ||||||
20 | loan (or building and loan) association because of
the | ||||||
21 | location of the property. The savings and loan (or building | ||||||
22 | and
loan) association also pledges to make loans available | ||||||
23 | on low and
moderate income residential property throughout | ||||||
24 | the community within
the limits of its legal restrictions | ||||||
25 | and prudent financial practices.
| ||||||
26 | The State Treasurer may, with the approval of the Governor, |
| |||||||
| |||||||
1 | invest or
reinvest any State money in the treasury
that is not | ||||||
2 | needed for current expenditures due or about to become
due, or | ||||||
3 | any money in the State Treasury that has been set aside and
| ||||||
4 | held for the payment of the principal of and interest on any | ||||||
5 | State
bonds, in bonds issued by counties or municipal | ||||||
6 | corporations of the
State of Illinois.
| ||||||
7 | The State Treasurer may invest or reinvest up to 5% of the | ||||||
8 | College Savings Pool Administrative Trust Fund, the Illinois | ||||||
9 | Public Treasurer Investment Pool (IPTIP) Administrative Trust | ||||||
10 | Fund, and the State Treasurer's Administrative Fund that is not | ||||||
11 | needed for current expenditures due or about to become due, in | ||||||
12 | common or preferred stocks of publicly traded corporations, | ||||||
13 | partnerships, or limited liability companies, organized in the | ||||||
14 | United States, with assets exceeding $500,000,000 if: (i) the | ||||||
15 | purchases do not exceed 1% of the corporation's or the limited | ||||||
16 | liability company's outstanding common and preferred stock; | ||||||
17 | (ii) no more than 10% of the total funds are invested in any | ||||||
18 | one publicly traded corporation, partnership, or limited | ||||||
19 | liability company; and (iii) the corporation or the limited | ||||||
20 | liability company has not been placed on the list of restricted | ||||||
21 | companies by the Illinois Investment Policy Board under Section | ||||||
22 | 1-110.16 of the Illinois Pension Code. | ||||||
23 | The State Treasurer may, with the approval of the Governor, | ||||||
24 | invest or
reinvest any State money in the Treasury which is not | ||||||
25 | needed for current
expenditure, due or about to become due, or | ||||||
26 | any money in the State Treasury
which has been set aside and |
| |||||||
| |||||||
1 | held for the payment of the principal of and
the interest on | ||||||
2 | any State bonds, in participations in loans, the principal
of | ||||||
3 | which participation is fully guaranteed by an agency or | ||||||
4 | instrumentality
of the United States government; provided, | ||||||
5 | however, that such loan
participations are represented by | ||||||
6 | certificates issued only by banks which
are incorporated under | ||||||
7 | the laws of this State or any other state
or under the laws of | ||||||
8 | the United States, and such banks, but not
the loan | ||||||
9 | participation certificates, are insured by the Federal Deposit
| ||||||
10 | Insurance Corporation.
| ||||||
11 | Whenever the total amount of vouchers presented to the | ||||||
12 | Comptroller under Section 9 of the State Comptroller Act | ||||||
13 | exceeds the funds available in the General Revenue Fund by | ||||||
14 | $1,000,000,000 or more, then the State Treasurer may invest any | ||||||
15 | State money in the Treasury, other than money in the General | ||||||
16 | Revenue Fund, Health Insurance Reserve Fund, Attorney General | ||||||
17 | Court Ordered and Voluntary Compliance Payment Projects Fund, | ||||||
18 | Attorney General Whistleblower Reward and Protection Fund, and | ||||||
19 | Attorney General's State Projects and Court Ordered | ||||||
20 | Distribution Fund, which is not needed for current | ||||||
21 | expenditures, due or about to become due, or any money in the | ||||||
22 | State Treasury which has been set aside and held for the | ||||||
23 | payment of the principal of and the interest on any State bonds | ||||||
24 | with the Office of the Comptroller in order to enable the | ||||||
25 | Comptroller to pay outstanding vouchers. At any time, and from | ||||||
26 | time to time outstanding, such investment shall not be greater |
| |||||||
| |||||||
1 | than $2,000,000,000. Such investment shall be deposited into | ||||||
2 | the General Revenue Fund or Health Insurance Reserve Fund as | ||||||
3 | determined by the Comptroller. Such investment shall be repaid | ||||||
4 | by the Comptroller with an interest rate tied to the London | ||||||
5 | Interbank Offered Rate (LIBOR) or the Federal Funds Rate or an | ||||||
6 | equivalent market established variable rate, but in no case | ||||||
7 | shall such interest rate exceed the lesser of the penalty rate | ||||||
8 | established under the State Prompt Payment Act or the timely | ||||||
9 | pay interest rate under Section 368a of the Illinois Insurance | ||||||
10 | Code. The State Treasurer and the Comptroller shall enter into | ||||||
11 | an intergovernmental agreement to establish procedures for | ||||||
12 | such investments, which market established variable rate to | ||||||
13 | which the interest rate for the investments should be tied, and | ||||||
14 | other terms which the State Treasurer and Comptroller | ||||||
15 | reasonably believe to be mutually beneficial concerning these | ||||||
16 | investments by the State Treasurer. The State Treasurer and | ||||||
17 | Comptroller shall also enter into a written agreement for each | ||||||
18 | such investment that specifies the period of the investment, | ||||||
19 | the payment interval, the interest rate to be paid, the funds | ||||||
20 | in the Treasury from which the Treasurer will draw the | ||||||
21 | investment, and other terms upon which the State Treasurer and | ||||||
22 | Comptroller mutually agree. Such investment agreements shall | ||||||
23 | be public records and the State Treasurer shall post the terms | ||||||
24 | of all such investment agreements on the State Treasurer's | ||||||
25 | official website. In compliance with the intergovernmental | ||||||
26 | agreement, the Comptroller shall order and the State Treasurer |
| |||||||
| |||||||
1 | shall transfer amounts sufficient for the payment of principal | ||||||
2 | and interest invested by the State Treasurer with the Office of | ||||||
3 | the Comptroller under this paragraph from the General Revenue | ||||||
4 | Fund or the Health Insurance Reserve Fund to the respective | ||||||
5 | funds in the Treasury from which the State Treasurer drew the | ||||||
6 | investment. Public Act 100-1107 shall constitute an | ||||||
7 | irrevocable and continuing authority for all amounts necessary | ||||||
8 | for the payment of principal and interest on the investments | ||||||
9 | made with the Office of the Comptroller by the State Treasurer | ||||||
10 | under this paragraph, and the irrevocable and continuing | ||||||
11 | authority for and direction to the Comptroller and Treasurer to | ||||||
12 | make the necessary transfers. | ||||||
13 | The State Treasurer may, with the approval of the Governor, | ||||||
14 | invest or
reinvest any State money in the Treasury that is not | ||||||
15 | needed for current
expenditure, due or about to become due, or | ||||||
16 | any money in the State Treasury
that has been set aside and | ||||||
17 | held for the payment of the principal of and
the interest on | ||||||
18 | any State bonds, in any of the following:
| ||||||
19 | (1) Bonds, notes, certificates of indebtedness, | ||||||
20 | Treasury bills, or other
securities now or hereafter issued | ||||||
21 | that are guaranteed by the full faith
and credit of the | ||||||
22 | United States of America as to principal and interest.
| ||||||
23 | (2) Bonds, notes, debentures, or other similar | ||||||
24 | obligations of the United
States of America, its agencies, | ||||||
25 | and instrumentalities.
| ||||||
26 | (2.5) Bonds, notes, debentures, or other similar |
| |||||||
| |||||||
1 | obligations of a
foreign government, other than the | ||||||
2 | Republic of the Sudan, that are guaranteed by the full | ||||||
3 | faith and credit of that
government as to principal and | ||||||
4 | interest, but only if the foreign government
has not | ||||||
5 | defaulted and has met its payment obligations in a timely | ||||||
6 | manner on
all similar obligations for a period of at least | ||||||
7 | 25 years immediately before
the time of acquiring those | ||||||
8 | obligations.
| ||||||
9 | (3) Interest-bearing savings accounts, | ||||||
10 | interest-bearing certificates of
deposit, interest-bearing | ||||||
11 | time deposits, or any other investments
constituting | ||||||
12 | direct obligations of any bank as defined by the Illinois
| ||||||
13 | Banking Act.
| ||||||
14 | (4) Interest-bearing accounts, certificates of | ||||||
15 | deposit, or any other
investments constituting direct | ||||||
16 | obligations of any savings and loan
associations | ||||||
17 | incorporated under the laws of this State or any other | ||||||
18 | state or
under the laws of the United States.
| ||||||
19 | (5) Dividend-bearing share accounts, share certificate | ||||||
20 | accounts, or
class of share accounts of a credit union | ||||||
21 | chartered under the laws of this
State or the laws of the | ||||||
22 | United States; provided, however, the principal
office of | ||||||
23 | the credit union must be located within the State of | ||||||
24 | Illinois.
| ||||||
25 | (6) Bankers' acceptances of banks whose senior | ||||||
26 | obligations are rated in
the top 2 rating categories by 2 |
| |||||||
| |||||||
1 | national rating agencies and maintain that
rating during | ||||||
2 | the term of the investment.
| ||||||
3 | (7) Short-term obligations of either corporations or | ||||||
4 | limited liability companies organized in the United
States | ||||||
5 | with assets exceeding $500,000,000 if (i) the obligations | ||||||
6 | are rated
at the time of purchase at one of the 3 highest | ||||||
7 | classifications established
by at least 2 standard rating | ||||||
8 | services and mature not later than 270
days from the date | ||||||
9 | of purchase, (ii) the purchases do not exceed 10% of
the | ||||||
10 | corporation's or the limited liability company's | ||||||
11 | outstanding obligations, (iii) no more than one-third of
| ||||||
12 | the public agency's funds are invested in short-term | ||||||
13 | obligations of
either corporations or limited liability | ||||||
14 | companies, and (iv) the corporation or the limited | ||||||
15 | liability company has not been placed on the list of | ||||||
16 | restricted companies by the Illinois Investment Policy | ||||||
17 | Board under Section 1-110.16 of the Illinois Pension Code.
| ||||||
18 | (7.5) Obligations of either corporations or limited | ||||||
19 | liability companies organized in the United States, that | ||||||
20 | have a significant presence in this State, with assets | ||||||
21 | exceeding $500,000,000 if: (i) the obligations are rated at | ||||||
22 | the time of purchase at one of the 3 highest | ||||||
23 | classifications established by at least 2 standard rating | ||||||
24 | services and mature more than 270 days, but less than 10 | ||||||
25 | years, from the date of purchase; (ii) the purchases do not | ||||||
26 | exceed 10% of the corporation's or the limited liability |
| |||||||
| |||||||
1 | company's outstanding obligations; (iii) no more than | ||||||
2 | one-third of the public agency's funds are invested in such | ||||||
3 | obligations of corporations or limited liability | ||||||
4 | companies; and (iv) the corporation or the limited | ||||||
5 | liability company has not been placed on the list of | ||||||
6 | restricted companies by the Illinois Investment Policy | ||||||
7 | Board under Section 1-110.16 of the Illinois Pension Code. | ||||||
8 | (8) Money market mutual funds registered under the | ||||||
9 | Investment Company
Act of 1940.
| ||||||
10 | (9) The Public Treasurers' Investment Pool created | ||||||
11 | under Section 17 of
the State Treasurer Act or in a fund | ||||||
12 | managed, operated, and administered by
a bank.
| ||||||
13 | (10) Repurchase agreements of government securities | ||||||
14 | having the meaning
set out in the Government Securities Act | ||||||
15 | of 1986, as now or hereafter amended or succeeded, subject | ||||||
16 | to the provisions
of that Act and the regulations issued | ||||||
17 | thereunder.
| ||||||
18 | (11) Investments made in accordance with the | ||||||
19 | Technology Development
Act.
| ||||||
20 | (12) Investments made in accordance with the Student | ||||||
21 | Investment Account Act. | ||||||
22 | (13) Investments constituting direct obligations of a | ||||||
23 | community development financial institution, which is | ||||||
24 | certified by the United States Treasury Community | ||||||
25 | Development Financial Institutions Fund and is operating | ||||||
26 | in the State of Illinois. |
| |||||||
| |||||||
1 | (14) Investments constituting direct obligations of a | ||||||
2 | minority depository institution, as designated by the | ||||||
3 | Federal Deposit Insurance Corporation, that is operating | ||||||
4 | in the State of Illinois. | ||||||
5 | For purposes of this Section, "agencies" of the United | ||||||
6 | States
Government includes:
| ||||||
7 | (i) the federal land banks, federal intermediate | ||||||
8 | credit banks, banks for
cooperatives, federal farm credit | ||||||
9 | banks, or any other entity authorized
to issue debt | ||||||
10 | obligations under the Farm Credit Act of 1971 (12 U.S.C. | ||||||
11 | 2001
et seq.) and Acts amendatory thereto;
| ||||||
12 | (ii) the federal home loan banks and the federal home | ||||||
13 | loan
mortgage corporation;
| ||||||
14 | (iii) the Commodity Credit Corporation; and
| ||||||
15 | (iv) any other agency created by Act of Congress.
| ||||||
16 | The Treasurer may, with the approval of the Governor, lend | ||||||
17 | any securities
acquired under this Act. However, securities may | ||||||
18 | be lent under this Section
only in accordance with Federal | ||||||
19 | Financial Institution Examination Council
guidelines and only | ||||||
20 | if the securities are collateralized at a level sufficient
to | ||||||
21 | assure the safety of the securities, taking into account market | ||||||
22 | value
fluctuation. The securities may be collateralized by cash | ||||||
23 | or collateral
acceptable under Sections 11 and 11.1.
| ||||||
24 | (Source: P.A. 100-1107, eff. 8-27-18; 101-81, eff. 7-12-19; | ||||||
25 | 101-206, eff. 8-2-19; 101-586, eff. 8-26-19; revised 9-25-19.)
|
| |||||||
| |||||||
1 | Article 60. | ||||||
2 | Section 60-5. The Environmental Protection Act is amended | ||||||
3 | by adding Section 40.4 as follows: | ||||||
4 | (415 ILCS 5/40.4 new) | ||||||
5 | Sec. 40.4. Environmental justice communities; community | ||||||
6 | and environmental impact assessment; notification of | ||||||
7 | applicants; community benefits agreements. | ||||||
8 | (a) The Agency shall ensure that possible adverse economic, | ||||||
9 | social, and environmental effects on environmental justice | ||||||
10 | communities relating to any permit or permit renewal have been | ||||||
11 | fully considered prior to publishing a draft permit or permit | ||||||
12 | renewal for public comment, and that the final decision on the | ||||||
13 | permit or permit renewal is made in the best overall public | ||||||
14 | interest. | ||||||
15 | Any person seeking a permit or permit renewal shall first | ||||||
16 | submit to the Agency information necessary for the Agency to | ||||||
17 | determine if the permitted activity will adversely impact an | ||||||
18 | environmental justice community. | ||||||
19 | (b) Any person or entity seeking a permit or permit renewal | ||||||
20 | in an environmental justice community shall give public notice | ||||||
21 | to the residents of the community of the following: | ||||||
22 | (1) The person or entity's permit or permit renewal | ||||||
23 | application. | ||||||
24 | (2) The procedures allowing residents to file comments |
| |||||||
| |||||||
1 | on the application with the Agency. | ||||||
2 | (3) The date, time, and place of a community meeting | ||||||
3 | for the purpose of informing the surrounding community of | ||||||
4 | the permit application and for taking comments and | ||||||
5 | questions. The meeting shall not be held less than 30 days | ||||||
6 | following publication of the notice. | ||||||
7 | Community residents shall have 90 days following the | ||||||
8 | community meeting to submit comments to the Agency. | ||||||
9 | (c) A permit applicant for permitted activity sited in an | ||||||
10 | environmental justice community shall enter into a community | ||||||
11 | benefits agreement with the unit of local government in whose | ||||||
12 | jurisdiction the permit applicant has applied. The community | ||||||
13 | benefits agreement must, at a minimum, contain provisions | ||||||
14 | requiring the permit applicant to mitigate the environmental | ||||||
15 | and public health impact of the permitted activity in the | ||||||
16 | environmental justice community. | ||||||
17 | (d) For purposes of this Section, "permit" means a permit | ||||||
18 | issued by the Illinois Environmental Protection Agency through | ||||||
19 | the Clean Air Act Permit Program or the National Pollutant | ||||||
20 | Discharge Elimination System. | ||||||
21 | Article 70. | ||||||
22 | Section 5. The Barber, Cosmetology, Esthetics, Hair | ||||||
23 | Braiding, and Nail
Technology Act of 1985 is amended by adding | ||||||
24 | Section 4-30 as follows: |
| |||||||
| |||||||
1 | (225 ILCS 410/4-30 new) | ||||||
2 | Sec. 4-30. Beauty supply industry disparity study. | ||||||
3 | (a) The Department shall compile and publish a disparity | ||||||
4 | study by December 31, 2022 that: (1) evaluates whether there | ||||||
5 | exists discrimination in the State's beauty supply industry; | ||||||
6 | and (2) if so, evaluates the impact of such discrimination on | ||||||
7 | the State and includes recommendations for reducing or | ||||||
8 | eliminating any identified barriers to entry in the beauty | ||||||
9 | supply industry and discriminatory behavior. The Department | ||||||
10 | shall forward a copy of its findings and recommendations to the | ||||||
11 | General Assembly and the Governor. | ||||||
12 | (b) The Department may compile, collect, or otherwise | ||||||
13 | gather data necessary for the administration of this Section | ||||||
14 | and to carry out the Department's duty relating to the | ||||||
15 | recommendation of policy changes. The Department shall compile | ||||||
16 | all of the data into a single report, submit the report to the | ||||||
17 | Governor and the General Assembly, and publish the report on | ||||||
18 | its website. | ||||||
19 | (c) This Section is repealed on January 1, 2024. | ||||||
20 | Article 75. | ||||||
21 | Section 75-1. Short title. This Act may be cited as the | ||||||
22 | Reduction of Lead Service Lines Act. |
| |||||||
| |||||||
1 | Section 75-5. Purpose. The purpose of this Act is to | ||||||
2 | require the owners and operators of community water supplies | ||||||
3 | to: (1) create a comprehensive lead service line inventory; (2) | ||||||
4 | provide notice to occupants of potentially affected residences | ||||||
5 | and buildings of construction or repair work on water mains, | ||||||
6 | lead service lines, or water meters; (3) prohibit partial lead | ||||||
7 | service line replacements; and (4) create a lead service line | ||||||
8 | replacement program. | ||||||
9 | Section 75-10. Definitions. In this Act: | ||||||
10 | "Agency" means the Environmental Protection Agency. | ||||||
11 | "Community water supply" means a public water supply that | ||||||
12 | serves at least 15 service connections used by year-round | ||||||
13 | residents or regularly serves at least 25 year-round residents | ||||||
14 | "Department" means the Department of Public Health. | ||||||
15 | "Emergency repair" means water distribution work that | ||||||
16 | includes unscheduled water main, water service, water valve, or | ||||||
17 | fire hydrant
repair or replacement that results from premature | ||||||
18 | failure or accident. | ||||||
19 | "Lead service line" means a service line that is made of | ||||||
20 | lead, or any lead pigtail, lead gooseneck, or other lead | ||||||
21 | fitting that is connected to a service line, or both. | ||||||
22 | "Non-community water supply" means a public water supply | ||||||
23 | that is not a community water supply. | ||||||
24 | "Potentially affected residence" means a residence where | ||||||
25 | water service is supplied through a pipe containing lead or |
| |||||||
| |||||||
1 | suspected to be made of lead. | ||||||
2 | "Service line" means the pipe from the discharge of the | ||||||
3 | utility fitting to customer site piping or to the building | ||||||
4 | plumbing at the first shut-off valve inside the building or 18 | ||||||
5 | inches inside the building, whichever is shorter. | ||||||
6 | "Small system" means a water system that regularly serves | ||||||
7 | water to 3,300 or fewer persons. | ||||||
8 | Section 75-15. Water service line material inventory. | ||||||
9 | (a) The owner or operator of each community water supply | ||||||
10 | shall develop an initial water service line material inventory | ||||||
11 | that shall be submitted to the Agency for approval, in an | ||||||
12 | electronic form selected by the Agency, by April 15, 2020. The | ||||||
13 | owner or operator shall annually update and submit its | ||||||
14 | inventory to the Agency by April 15 of each year thereafter. | ||||||
15 | Each water service line material inventory shall identify: | ||||||
16 | (1) The total number of service lines within or | ||||||
17 | connected to the distribution system. | ||||||
18 | (2) The materials of construction, including, but not | ||||||
19 | limited to, lead, of each water service line connected to | ||||||
20 | the distribution system. The owner or operator of the | ||||||
21 | community water supply shall develop the inventory by | ||||||
22 | identifying on both the customer's and the community water | ||||||
23 | supply's side of the curb box the type of construction | ||||||
24 | material used. | ||||||
25 | (3) The number of the lead service lines that were |
| |||||||
| |||||||
1 | added and removed from the inventory after the previous | ||||||
2 | year's submission. | ||||||
3 | (b) The owner or operator of each community water supply | ||||||
4 | shall maintain records of owners or residents that refuse to | ||||||
5 | grant access to the interior of the building for purposes of | ||||||
6 | identifying the service line material. If the owner or resident | ||||||
7 | refuses to allow access to his or her residence or property for | ||||||
8 | the purposes of cooperating with the inventory, the community | ||||||
9 | water supply shall request that the owner or resident sign a | ||||||
10 | waiver. The waiver shall be developed by the Department. If the | ||||||
11 | owner or resident refuses to sign the waiver, the record shall | ||||||
12 | include the dates and manner of each request and the name of | ||||||
13 | the person who made the request. | ||||||
14 | (c) The owner or operator of each community water supply | ||||||
15 | shall, upon finding the presence of a lead service line, notify | ||||||
16 | the owner and resident of the building within 24 hours, or as | ||||||
17 | soon as is reasonably possible. | ||||||
18 | (d) No later than January 1, 2021, the Agency shall by rule | ||||||
19 | determine a reasonable deadline for submitting each community | ||||||
20 | water supply's complete water service line material inventory | ||||||
21 | required under subsection (a), not to exceed 5 years from | ||||||
22 | January 1, 2020, unless the Agency determines that additional | ||||||
23 | time is needed for one or more community water supply's | ||||||
24 | inventory due to the technical feasibility of identifying lines | ||||||
25 | within a system. | ||||||
26 | (e) Nothing in this Section shall be construed to require |
| |||||||
| |||||||
1 | that service lines be unearthed. | ||||||
2 | (f) Beginning on January 1, 2020, when conducting routine | ||||||
3 | inspections of community water supplies, the Agency may conduct | ||||||
4 | a separate audit to identify progress that the community water | ||||||
5 | supply has made toward completing the water service line | ||||||
6 | material inventory required under subsection (a). | ||||||
7 | Section 75-20. Construction notifications. | ||||||
8 | (a) Within 13 days before beginning planned work to repair | ||||||
9 | or replace any water mains with lead or partial lead service | ||||||
10 | lines attached to them or lead service lines themselves, the | ||||||
11 | owner or operator of a community water supply shall notify each | ||||||
12 | potentially affected residence of the planned work through an | ||||||
13 | individual written notice. In cases where a community water | ||||||
14 | supply must perform construction or repair work on an emergency | ||||||
15 | basis or where the work is scheduled within 14 days of the work | ||||||
16 | taking place, the community water supply shall notify each | ||||||
17 | potentially affected residence as soon as is reasonably | ||||||
18 | possible. When work is to repair or replace a water meter, the | ||||||
19 | notification shall be provided at the time the work is | ||||||
20 | initiated. | ||||||
21 | (b) A notification under subsection (a) shall include, at a | ||||||
22 | minimum, the following: | ||||||
23 | (1) a warning that the work may result in sediment, | ||||||
24 | possibly containing lead from the service line, in the | ||||||
25 | residence's water; |
| |||||||
| |||||||
1 | (2) information concerning the best practices for | ||||||
2 | preventing exposure to or risk of consumption of any lead | ||||||
3 | in drinking water, including a recommendation to flush | ||||||
4 | water lines during and after the completion of the repair | ||||||
5 | or replacement work and to clean faucet aerator screens; | ||||||
6 | and | ||||||
7 | (3) information regarding the dangers of lead in young | ||||||
8 | children and pregnant women. | ||||||
9 | (c) To the extent that the owner or operator of a community | ||||||
10 | water supply serves a significant proportion of non-English | ||||||
11 | speaking consumers, a notification under subsection (a) must | ||||||
12 | contain information in the appropriate languages regarding the | ||||||
13 | importance of the notice, and it must contain a telephone | ||||||
14 | number or address where a person who is served may contact the | ||||||
15 | owner or operator of the community water supply to obtain a | ||||||
16 | translated copy of the notification or to request assistance in | ||||||
17 | the appropriate language. | ||||||
18 | (d) Notwithstanding anything to the contrary set forth in | ||||||
19 | this Section, publication notification through local media, | ||||||
20 | social media, or other similar means may be used in lieu of an | ||||||
21 | individual written notification to the extent that: (1) | ||||||
22 | notification is required for the entire community served by a | ||||||
23 | community water supply; (2) notification is required for | ||||||
24 | construction or repairs occurring on an emergency basis; or (3) | ||||||
25 | the community water supply is a small system. | ||||||
26 | (e) If an owner or operator of a community water supply is |
| |||||||
| |||||||
1 | required to provide an individual written notification to a | ||||||
2 | residence that is a multidwelling building, then posting a | ||||||
3 | written notification on the primary entrance way to the | ||||||
4 | building shall be sufficient. | ||||||
5 | (f) The notification requirements in this Section do not | ||||||
6 | apply to work performed on water mains that are used to | ||||||
7 | transmit treated water between community water supplies and | ||||||
8 | that have no service connections. | ||||||
9 | (g) A community water supply is not required to comply with | ||||||
10 | this Section to the extent that the corresponding water service | ||||||
11 | line material inventory has been completed and demonstrates | ||||||
12 | that the community water supply's distribution system does not | ||||||
13 | include lead service lines. | ||||||
14 | Section 75-25. Lead service line replacement program. | ||||||
15 | (a) Every community water supply in Illinois that has known | ||||||
16 | lead service lines shall create a plan to replace all lead | ||||||
17 | service lines and galvanized service lines if the service line | ||||||
18 | is or was connected to lead piping. Each community water supply | ||||||
19 | shall submit its lead service line replacement plan to the | ||||||
20 | Agency for approval, in an electronic form selected by the | ||||||
21 | Agency, by April 15, 2021. Each community water supply shall | ||||||
22 | annually update and submit its plan to the Agency by April 15 | ||||||
23 | of each year thereafter in conjunction with the water service | ||||||
24 | line material inventory required under Section 15. The Agency | ||||||
25 | shall make each plan available to the public by maintaining |
| |||||||
| |||||||
1 | them on the Agency website. | ||||||
2 | (b) Each lead service line replacement program plan shall | ||||||
3 | include the following: | ||||||
4 | (1) The water service line material inventory | ||||||
5 | conducted under Section 15. | ||||||
6 | (2) An analysis of whether the community water supply | ||||||
7 | has control over lead service lines in its system. | ||||||
8 | (3) An analysis of costs and financing options for | ||||||
9 | replacing the system's lead service line that minimizes the | ||||||
10 | overall cost of system replacement. The analysis shall | ||||||
11 | include, but is not limited to: | ||||||
12 | (A) a detailed accounting of costs;
| ||||||
13 | (B) measures to address affordability for | ||||||
14 | customers or rate payers;
| ||||||
15 | (C) consideration of different scenarios for | ||||||
16 | structuring payments between the utility and its | ||||||
17 | customers over time;
| ||||||
18 | (D) an explanation of the rationale for any permit | ||||||
19 | fees or other charges to a property owner associated | ||||||
20 | with lead service lines, and plans for utilization of | ||||||
21 | revenues derived from those fees or other charges; and
| ||||||
22 | (E) any other relevant factors regarding the | ||||||
23 | rulemaking required by this Act.
| ||||||
24 | (4) A feasibility and affordability plan that | ||||||
25 | includes, but is not limited to, information on whether: | ||||||
26 | (A) the community water supply pays for the portion |
| |||||||
| |||||||
1 | of the service lines owned by the community water | ||||||
2 | supply and the property owner pays for the portion he | ||||||
3 | or she owns; | ||||||
4 | (B) the community water supply pays for the entire | ||||||
5 | replacement and has a low interest loan for property | ||||||
6 | owners to pay for the replacement over time on their | ||||||
7 | water bills; or | ||||||
8 | (C) the community water supply pays for the entire | ||||||
9 | replacement. | ||||||
10 | (5) A plan for prioritizing high risk areas. | ||||||
11 | (6) A proposed schedule for replacements that includes | ||||||
12 | annual benchmarks, not to fall below 4 percent replacement | ||||||
13 | of inventoried lines per year. | ||||||
14 | (7) A proposed deadline for replacing all lead service | ||||||
15 | lines consistent with the water service line material | ||||||
16 | inventory required under Section 15. | ||||||
17 | (c) The Agency shall begin the rulemaking process to | ||||||
18 | implement the requirements of this Section within 6 months of | ||||||
19 | the effective date of this Act and shall adopt rules within one | ||||||
20 | year after the rulemaking process begins. During the rulemaking | ||||||
21 | process, the Agency shall consider: | ||||||
22 | (1) the form for submitting, and process for the | ||||||
23 | Agency's review of, lead service line replacement plans; | ||||||
24 | (2) whether a deadline for replacing all lead service | ||||||
25 | lines for community water supplies subject to this Act is | ||||||
26 | appropriate considering the utility scale, technical |
| |||||||
| |||||||
1 | feasibility of identifying and replacing lines, and impact | ||||||
2 | to public health of maintaining any lead service lines in | ||||||
3 | place; | ||||||
4 | (3) the means by a which a community water supply must | ||||||
5 | make its lead service line replacement plan, and its | ||||||
6 | progress towards implementing the plan, available to the | ||||||
7 | public; | ||||||
8 | (4) the materials deemed acceptable for lead service | ||||||
9 | line replacement; and | ||||||
10 | (5) any factors that a community water supply shall | ||||||
11 | consider in developing the components of a plan required | ||||||
12 | under subsection (a). | ||||||
13 | (d) When a community water supply replaces a water main, | ||||||
14 | the community water supply must identify and replace all lead | ||||||
15 | service lines that connect to that water main during | ||||||
16 | replacement of the water main, unless a customer refuses to | ||||||
17 | have his or her lead service line replaced. If a customer | ||||||
18 | refuses to have his or her lead service line replaced, the | ||||||
19 | community water supply shall keep a record of that refusal | ||||||
20 | consistent with subsection (b) of Section 15. | ||||||
21 | The Agency shall by rule set reasonable fees for community | ||||||
22 | water systems to submit replacement plans. | ||||||
23 | (e) In order to provide water that does not become | ||||||
24 | contaminated with lead from a lead service line or galvanized | ||||||
25 | service line that is or was connected to lead piping, in | ||||||
26 | accordance with constitutional limitations, and to the extent |
| |||||||
| |||||||
1 | not already provided for by law, a community water supply shall | ||||||
2 | have the authority to access private property and private | ||||||
3 | residences for the sole purpose of identifying or replacing | ||||||
4 | lead service lines or galvanized service lines. | ||||||
5 | Before a community water supply may access private property | ||||||
6 | or a private residence for the purpose of replacing a lead | ||||||
7 | service line or galvanized service line that is or was | ||||||
8 | connected to lead piping, the community water supply shall | ||||||
9 | notify the owner of the property and the resident at least one | ||||||
10 | month before the planned work on the private property or in his | ||||||
11 | or her private residence. The community water supply must meet | ||||||
12 | the following requirements for notice under this subsection: | ||||||
13 | (1) The notice shall be made by the community water | ||||||
14 | supply at least every 2 weeks prior to the planned work | ||||||
15 | until the owner and resident have been contacted. | ||||||
16 | (2) At least one of the notices must be by certified | ||||||
17 | mail. | ||||||
18 | (3) The community water supply shall make personal | ||||||
19 | contact with the owner or resident about the notice by | ||||||
20 | visits to the property or residence. | ||||||
21 | (4) The community water supply shall attempt to tape | ||||||
22 | flyers with the notice to entrance doors for the property | ||||||
23 | or residence. | ||||||
24 | (5) To the extent that the owner or operator of a | ||||||
25 | community water supply serves a significant proportion of | ||||||
26 | non-English speaking consumers, a notification under this |
| |||||||
| |||||||
1 | Section must contain information in the appropriate | ||||||
2 | language regarding the importance of the notice and a | ||||||
3 | telephone number or address where a person who is served | ||||||
4 | may contact the owner or operator of the community water | ||||||
5 | supply to obtain a translated copy of the notification or | ||||||
6 | to request assistance in the appropriate language. | ||||||
7 | If the owner or resident refuses to allow access to his or | ||||||
8 | her residence or property for the purposes of cooperating with | ||||||
9 | the lead service line replacement, the community water supply | ||||||
10 | shall request that the owner or resident sign a waiver. The | ||||||
11 | waiver shall be developed by the Department and should be made | ||||||
12 | available in the owner or resident's language. Should the owner | ||||||
13 | or resident refuse to sign the waiver, or fail to respond to | ||||||
14 | the community water supply subsequent to the community water | ||||||
15 | supply's compliance with the notification requirements set | ||||||
16 | forth in this subsection, the community water supply shall | ||||||
17 | notify the Department in writing within 15 working days and | ||||||
18 | shall notify the Agency as part of the annual report to the | ||||||
19 | Agency under subsection (a). | ||||||
20 | To the extent allowed by law, community water supplies | ||||||
21 | shall be held harmless for damage to property when installing | ||||||
22 | water service lines. If dangers are encountered that prevent | ||||||
23 | the replacement of the lead service line, the community water | ||||||
24 | supply shall notify the Department within 15 working days of | ||||||
25 | why the replacement of the lead service could not be | ||||||
26 | accomplished. |
| |||||||
| |||||||
1 | (f) Service lines that are physically disconnected from the | ||||||
2 | distribution system are exempt from this Section. | ||||||
3 | Section 75-30. Prohibitions. | ||||||
4 | (a) Except as otherwise provided in this Section, no person | ||||||
5 | shall replace a portion of a lead service line without | ||||||
6 | replacing the entirety of the line at the same time. | ||||||
7 | (b) If the owner or operator of a community water supply | ||||||
8 | does not own the entire service line, then the owner or | ||||||
9 | operator of the community water supply shall notify the owner | ||||||
10 | of the service line, or the service line owner's authorized | ||||||
11 | agent, that the community water supply will replace the portion | ||||||
12 | of the service line that it owns and the owner's portion of the | ||||||
13 | service line at the community water supply's expense. The | ||||||
14 | notification shall follow the procedures required under | ||||||
15 | subsection (e) of Section 25. If the service line's owner or | ||||||
16 | authorized agent does not consent, consistent with the | ||||||
17 | notification and waiver provisions under subsection (e) of | ||||||
18 | Section 25, the community water supply shall not replace any | ||||||
19 | portion of the service line, unless in conjunction with an | ||||||
20 | emergency repair. | ||||||
21 | (c) A person may replace a portion of a lead service line | ||||||
22 | but not the entirety of the line when an emergency repair is | ||||||
23 | necessary and the community water supply notifies the owner and | ||||||
24 | resident within 36 hours, informing the owner and resident of | ||||||
25 | mitigating strategies, such as flushing pipes before use or |
| |||||||
| |||||||
1 | supplying filters for drinking and cooking purposes. | ||||||
2 | In the event of a partial service line replacement due to | ||||||
3 | an emergency situation, the community water supply must provide | ||||||
4 | filters and replace the remainder of the lead service line | ||||||
5 | within 30 days of the emergency repair. | ||||||
6 | In the event of a partial lead service line replacement | ||||||
7 | resulting from an emergency repair, the community water supply | ||||||
8 | shall inform the residents served by the service line that the | ||||||
9 | community water supply shall, at the community water supply's | ||||||
10 | expense, arrange to collect a sample from each partially | ||||||
11 | replaced lead service line that is representative of the water | ||||||
12 | in the service line for analysis of lead content within 72 | ||||||
13 | hours after the completion of the partial replacement of the | ||||||
14 | service line. The community water supply shall collect the | ||||||
15 | sample and report the results of the analysis to the owner and | ||||||
16 | the resident or residents served by the line within 3 business | ||||||
17 | days of receiving the results. A mailed notice of the results | ||||||
18 | postmarked within 3 business days after the community water | ||||||
19 | supply receives the results shall satisfy the reporting | ||||||
20 | requirement. | ||||||
21 | (d) If an owner of a residence intends to replace the | ||||||
22 | portion of the lead service line that he or she owns, then the | ||||||
23 | owner of the residence shall provide the owner or operator of | ||||||
24 | the community water supply of the replacement plan with notice | ||||||
25 | at least 45 days before commencing the work. In the case of an | ||||||
26 | emergency repair, if the notice is not feasible, and if the |
| |||||||
| |||||||
1 | owner of the residence notifies the owner or operator of the | ||||||
2 | community water supply of the replacement of a portion of the | ||||||
3 | lead service line after the work is done, then the owner or | ||||||
4 | operator of the community water supply must replace the | ||||||
5 | remainder of the lead service line within 90 days. | ||||||
6 | Section 75-35. Non-community water supplies. The | ||||||
7 | requirements of this Act do not apply to non-community water | ||||||
8 | supplies. | ||||||
9 | Section 75-100. The Department of Commerce and Economic | ||||||
10 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
11 | amended by adding Section 605-870 as follows: | ||||||
12 | (20 ILCS 605/605-870 new) | ||||||
13 | Sec. 605-870. Low-income water assistance policy and | ||||||
14 | program. | ||||||
15 | (a) The Department shall by rule establish a comprehensive | ||||||
16 | low-income water assistance policy and program that | ||||||
17 | incorporates financial assistance and includes, but is not | ||||||
18 | limited to, water efficiency or water quality projects, such as | ||||||
19 | lead service line replacement, or other measures to ensure that | ||||||
20 | residents have access to affordable and clean water. The policy | ||||||
21 | and program shall not jeopardize the ability of public | ||||||
22 | utilities, community water supplies, or other entities to | ||||||
23 | receive just compensation for providing services. The |
| |||||||
| |||||||
1 | resources applied in achieving the policy and program shall be | ||||||
2 | coordinated and efficiently used through the integration of | ||||||
3 | public programs and through the targeting of assistance. The | ||||||
4 | Department shall use all appropriate and available means to | ||||||
5 | fund this program and, to the extent possible, identify and use | ||||||
6 | sources of funding that complement State tax revenues. The rule | ||||||
7 | shall be finalized within 180 days of the effective date of | ||||||
8 | this Act, or within 60 days of receiving an appropriation for | ||||||
9 | the program. | ||||||
10 | (b) Any person who is a resident of the State and whose | ||||||
11 | household income is not greater than an amount determined | ||||||
12 | annually by the Department may apply for assistance under this | ||||||
13 | Section in accordance with rules adopted by the Department. In | ||||||
14 | setting the annual eligibility level, the Department shall | ||||||
15 | consider the amount of available funding and may not set a | ||||||
16 | limit higher than 150 percent of the poverty guidelines updated | ||||||
17 | periodically in the Federal Register by the U.S. Department of | ||||||
18 | Health and Human Services under the authority of 42 U.S.C. | ||||||
19 | 9902(2). | ||||||
20 | (c) Applicants who qualify for assistance under subsection | ||||||
21 | (b) shall, subject to appropriation from the General Assembly | ||||||
22 | and subject to availability of funds to the Department, receive | ||||||
23 | assistance as provided in this Section. The Department, upon | ||||||
24 | receipt of moneys authorized under this Section for assistance, | ||||||
25 | shall commit funds for each qualified applicant in an amount | ||||||
26 | determined by the Department. In determining the amounts of |
| |||||||
| |||||||
1 | assistance to be provided to or on behalf of a qualified | ||||||
2 | applicant, the Department shall ensure that the highest amounts | ||||||
3 | of assistance go to households with the greatest water costs in | ||||||
4 | relation to household income. The Department may consider | ||||||
5 | factors such as water costs, household size, household income, | ||||||
6 | and region of the State when determining individual household | ||||||
7 | benefits. In adopting rules for the administration of this | ||||||
8 | Section, the Department shall ensure that a minimum of | ||||||
9 | one-third of the funds for the program are available for | ||||||
10 | benefits to eligible households with the lowest incomes and | ||||||
11 | that elderly households, households with persons with | ||||||
12 | disabilities, and households with children under 6 years of age | ||||||
13 | are offered a priority application period. | ||||||
14 | (d) Application materials for the program shall be made | ||||||
15 | available in multiple languages. | ||||||
16 | (e) The Department may adopt any rules necessary to | ||||||
17 | implement this Section. | ||||||
18 | Section 75-105. The Public Utilities Act is amended by | ||||||
19 | changing Section 8-306 as follows: | ||||||
20 | (220 ILCS 5/8-306)
| ||||||
21 | Sec. 8-306. Special provisions relating to water and sewer | ||||||
22 | utilities. | ||||||
23 | (a) No later than 120 days after the effective date of this | ||||||
24 | amendatory Act of the 94th General Assembly, the Commission |
| |||||||
| |||||||
1 | shall prepare, make available to customers upon request, and | ||||||
2 | post on its Internet web site information concerning the | ||||||
3 | service obligations of water and sewer utilities and remedies | ||||||
4 | that a customer may pursue for a violation of the customer's | ||||||
5 | rights. The information shall specifically address the rights | ||||||
6 | of a customer of a water or sewer utility in the following | ||||||
7 | situations: | ||||||
8 | (1) The customer's water meter is replaced. | ||||||
9 | (2) The customer's bill increases by more than 50% | ||||||
10 | within one billing period. | ||||||
11 | (3) The customer's water service is terminated. | ||||||
12 | (4) The customer wishes to complain after receiving a | ||||||
13 | termination of service notice. | ||||||
14 | (5) The customer is unable to make payment on a billing | ||||||
15 | statement. | ||||||
16 | (6) A rate is filed, including without limitation a | ||||||
17 | surcharge or annual reconciliation filing, that will | ||||||
18 | increase the amount billed to the customer. | ||||||
19 | (7) The customer is billed for services provided prior | ||||||
20 | to the date covered by the billing statement. | ||||||
21 | (8) The customer is due to receive a credit. | ||||||
22 | Each billing statement issued by a water or sewer utility | ||||||
23 | shall include an Internet web site address where the customer | ||||||
24 | can view the information required under this subsection (a) and | ||||||
25 | a telephone number that the customer may call to request a copy | ||||||
26 | of the information.
|
| |||||||
| |||||||
1 | (b) A water or sewer utility may discontinue service only | ||||||
2 | after it has mailed or delivered by other means a written | ||||||
3 | notice of discontinuance substantially in the form of Appendix | ||||||
4 | A of 83 Ill. Adm. Code 280. The notice must include the | ||||||
5 | Internet web site address where the customer can view the | ||||||
6 | information required under subsection (a) and a telephone | ||||||
7 | number that the customer may call to request a copy of the | ||||||
8 | information. Any notice required to be delivered or mailed to a | ||||||
9 | customer prior to discontinuance of service shall be delivered | ||||||
10 | or mailed separately from any bill. Service shall not be | ||||||
11 | discontinued until at least 5 days after delivery or 8 days | ||||||
12 | after the mailing of this notice. Service shall not be | ||||||
13 | discontinued and shall be restored if discontinued for the | ||||||
14 | reason which is the subject of a dispute or complaint during | ||||||
15 | the pendency of informal or formal complaint procedures of the | ||||||
16 | Illinois Commerce Commission under 83 Ill. Adm. Code 280.160 or | ||||||
17 | 280.170, where the customer has complied with those rules. | ||||||
18 | Service shall not be discontinued and shall be restored if | ||||||
19 | discontinued where a customer has established a deferred | ||||||
20 | payment agreement pursuant to 83 Ill. Adm. Code 280.110 and has | ||||||
21 | not defaulted on such agreement. Residential customers who are | ||||||
22 | indebted to a utility for past due utility service shall have | ||||||
23 | the opportunity to make arrangements with the utility to retire | ||||||
24 | the debt by periodic payments, referred to as a deferred | ||||||
25 | payment agreement, unless this customer has failed to make | ||||||
26 | payment under such a plan during the past 12 months. The terms |
| |||||||
| |||||||
1 | and conditions of a reasonable deferred payment agreement shall | ||||||
2 | be determined by the utility after consideration of the | ||||||
3 | following factors, based upon information available from | ||||||
4 | current utility records or provided by the customer or | ||||||
5 | applicant: | ||||||
6 | (1) size of the past due account; | ||||||
7 | (2) customer or applicant's ability to pay; | ||||||
8 | (3) customer or applicant's payment history; | ||||||
9 | (4) reason for the outstanding indebtedness; and | ||||||
10 | (5) any other relevant factors relating to the | ||||||
11 | circumstances of the customer or applicant's service.
| ||||||
12 | A residential customer shall pay a maximum of one-fourth of the | ||||||
13 | amount past due and owing at the time of entering into the | ||||||
14 | deferred payment agreement, and the water or sewer utility | ||||||
15 | shall allow a minimum of 2 months from the date of the | ||||||
16 | agreement and a maximum of 12 months for payment to be made | ||||||
17 | under a deferred payment agreement. Late payment charges may be | ||||||
18 | assessed against the amount owing that is the subject of a | ||||||
19 | deferred payment agreement. | ||||||
20 | (c) A water or sewer utility shall provide notice as | ||||||
21 | required by subsection (a) of Section 9-201 after the filing of | ||||||
22 | each information sheet under a purchased water surcharge, | ||||||
23 | purchased sewage treatment surcharge, or qualifying | ||||||
24 | infrastructure plant surcharge. The utility also shall post | ||||||
25 | notice of the filing in accordance with the requirements of 83 | ||||||
26 | Ill. Adm. Code 255. Unless filed as part of a general rate |
| |||||||
| |||||||
1 | increase, notice of the filing of a purchased water surcharge | ||||||
2 | rider, purchased sewage treatment surcharge rider, or | ||||||
3 | qualifying infrastructure plant surcharge rider also shall be | ||||||
4 | given in the manner required by this subsection (c) for the | ||||||
5 | filing of information sheets. | ||||||
6 | (d) Commission rules pertaining to formal and informal | ||||||
7 | complaints against public utilities shall apply with full and | ||||||
8 | equal force to water and sewer utilities and their customers, | ||||||
9 | including provisions of 83 Ill. Adm. Code 280.170, and the | ||||||
10 | Commission shall respond to each complaint by providing the | ||||||
11 | consumer with a copy of the utility's response to the complaint | ||||||
12 | and a copy of the Commission's review of the complaint and its | ||||||
13 | findings. The Commission shall also provide the consumer with | ||||||
14 | all available options for recourse. | ||||||
15 | (e) Any refund shown on the billing statement of a customer | ||||||
16 | of a water or sewer utility must be itemized and must state if | ||||||
17 | the refund is an adjustment or credit. | ||||||
18 | (f) Water service for building construction purposes. At | ||||||
19 | the request of any municipality or township within the service | ||||||
20 | area of a public utility that provides water service to | ||||||
21 | customers within the municipality or township, a public utility | ||||||
22 | must (1) require all water service used for building | ||||||
23 | construction purposes to be measured by meter and subject to | ||||||
24 | approved rates and charges for metered water service and (2) | ||||||
25 | prohibit the unauthorized use of water taken from hydrants or | ||||||
26 | service lines installed at construction sites. |
| |||||||
| |||||||
1 | (g) Water meters. | ||||||
2 | (1) Periodic testing. Unless otherwise approved by the | ||||||
3 | Commission, each service water meter shall be periodically | ||||||
4 | inspected and tested in accordance with the schedule | ||||||
5 | specified in 83 Ill. Adm. Code 600.340, or more frequently | ||||||
6 | as the results may warrant, to insure that the meter | ||||||
7 | accuracy is maintained within the limits set out in 83 Ill. | ||||||
8 | Adm. Code 600.310. | ||||||
9 | (2) Meter tests requested by customer. | ||||||
10 | (A) Each utility furnishing metered water service | ||||||
11 | shall, without charge, test the accuracy of any meter | ||||||
12 | upon request by the customer served by such meter, | ||||||
13 | provided that the meter in question has not been tested | ||||||
14 | by the utility or by the Commission within 2 years | ||||||
15 | previous to such request. The customer or his or her | ||||||
16 | representatives shall have the privilege of witnessing | ||||||
17 | the test at the option of the customer. A written | ||||||
18 | report, giving the results of the test, shall be made | ||||||
19 | to the customer. | ||||||
20 | (B) When a meter that has been in service less than | ||||||
21 | 2 years since its last test is found to be accurate | ||||||
22 | within the limits specified in 83 Ill. Adm. Code | ||||||
23 | 600.310, the customer shall pay a fee to the utility | ||||||
24 | not to exceed the amounts specified in 83 Ill. Adm. | ||||||
25 | Code 600.350(b). Fees for testing meters not included | ||||||
26 | in this Section or so located that the cost will be out |
| |||||||
| |||||||
1 | of proportion to the fee specified will be determined | ||||||
2 | by the Commission upon receipt of a complete | ||||||
3 | description of the case. | ||||||
4 | (3) Commission referee tests. Upon written application | ||||||
5 | to the Commission by any customer, a test will be made of | ||||||
6 | the customer's meter by a representative of the Commission. | ||||||
7 | For such a test, a fee as provided for in subsection (g)(2) | ||||||
8 | shall accompany the application. If the meter is found to | ||||||
9 | be registering more than 1.5% fast on the average when | ||||||
10 | tested as prescribed in 83 Ill. Adm. Code 600.310, the | ||||||
11 | utility shall refund to the customer the amount of the fee. | ||||||
12 | The utility shall in no way disturb the meter after a | ||||||
13 | customer has made an application for a referee test until | ||||||
14 | authority to do so is given by the Commission or the | ||||||
15 | customer in writing. | ||||||
16 | (h) Water and sewer utilities; low usage. Each public | ||||||
17 | utility that provides water and sewer service must establish a | ||||||
18 | unit sewer rate, subject to review by the Commission, that | ||||||
19 | applies only to those customers who use less than 1,000 gallons | ||||||
20 | of water in any billing period. | ||||||
21 | (i) Water and sewer utilities; separate meters. Each public | ||||||
22 | utility that provides water and sewer service must offer | ||||||
23 | separate rates for water and sewer service to any commercial or | ||||||
24 | residential customer who uses separate meters to measure each | ||||||
25 | of those services. In order for the separate rate to apply, a | ||||||
26 | combination of meters must be used to measure the amount of |
| |||||||
| |||||||
1 | water that reaches the sewer system and the amount of water | ||||||
2 | that does not reach the sewer system. | ||||||
3 | (j) Each water or sewer public utility must disclose on | ||||||
4 | each billing statement any amount billed that is for service | ||||||
5 | provided prior to the date covered by the billing statement. | ||||||
6 | The disclosure must include the dates for which the prior | ||||||
7 | service is being billed. Each billing statement that includes | ||||||
8 | an amount billed for service provided prior to the date covered | ||||||
9 | by the billing statement must disclose the dates for which that | ||||||
10 | amount is billed and must include a copy of the document | ||||||
11 | created under subsection (a) and a statement of current | ||||||
12 | Commission rules concerning unbilled or misbilled service. | ||||||
13 | (k) When the customer is due a refund resulting from | ||||||
14 | payment of an overcharge, the utility shall credit the customer | ||||||
15 | in the amount of overpayment with interest from the date of | ||||||
16 | overpayment by the customer. The rate for interest shall be at | ||||||
17 | the appropriate rate determined by the Commission under 83 Ill. | ||||||
18 | Adm. Code 280.70. | ||||||
19 | (l) Water and sewer public utilities; subcontractors. The | ||||||
20 | Commission shall adopt rules for water and sewer public | ||||||
21 | utilities to provide notice to the customers of the proper kind | ||||||
22 | of identification that a subcontractor must present to the | ||||||
23 | customer, to prohibit a subcontractor from soliciting or | ||||||
24 | receiving payment of any kind for any service provided by the | ||||||
25 | water or sewer public utility or the subcontractor, and to | ||||||
26 | establish sanctions for violations. |
| |||||||
| |||||||
1 | (m) Water and sewer public utilities; nonrevenue | ||||||
2 | unaccounted-for water. Each By December 31, 2006, each water | ||||||
3 | public utility shall file tariffs with the Commission to | ||||||
4 | establish the maximum percentage of nonrevenue unaccounted-for | ||||||
5 | water that would be considered in the determination of any | ||||||
6 | rates or surcharges. The rates or surcharges approved for a | ||||||
7 | water public utility shall not include charges for nonrevenue | ||||||
8 | unaccounted-for water in excess of this maximum percentage | ||||||
9 | without well-documented support and justification for the | ||||||
10 | Commission to consider in any request to recover charges in | ||||||
11 | excess of the tariffed maximum percentage. | ||||||
12 | (n) Rate increases; public forums. When any public utility | ||||||
13 | providing water or sewer service proposes a general rate | ||||||
14 | increase, in addition to other notice requirements, the water | ||||||
15 | or sewer public utility must notify its customers of their | ||||||
16 | right to request a public forum. A customer or group of | ||||||
17 | customers must make written request to the Commission for a | ||||||
18 | public forum and must also provide written notification of the | ||||||
19 | request to the customer's municipal or, for unincorporated | ||||||
20 | areas, township government. The Commission, at its discretion, | ||||||
21 | may schedule the public forum. If it is determined that public | ||||||
22 | forums are required for multiple municipalities or townships, | ||||||
23 | the Commission shall schedule these public forums, in locations | ||||||
24 | within approximately 45 minutes drive time of the | ||||||
25 | municipalities or townships for which the public forums have | ||||||
26 | been scheduled. The public utility must provide advance notice |
| |||||||
| |||||||
1 | of 30 days for each public forum to the governing bodies of | ||||||
2 | those units of local government affected by the increase. The | ||||||
3 | day of each public forum shall be selected so as to encourage | ||||||
4 | the greatest public participation. Each public forum will begin | ||||||
5 | at 7:00 p.m. Reports and comments made during or as a result of | ||||||
6 | each public forum must be made available to the hearing | ||||||
7 | officials and reviewed when drafting a recommended or tentative | ||||||
8 | decision, finding or order pursuant to Section 10-111 of this | ||||||
9 | Act.
| ||||||
10 | (o) The Commission may allow or direct a water utility to | ||||||
11 | establish a customer assistance program that provides | ||||||
12 | financial relief to residential customers who qualify for | ||||||
13 | income-related assistance. | ||||||
14 | A customer assistance program established under this | ||||||
15 | subsection that affects rates and charges for service is not | ||||||
16 | discriminatory for purposes of this Act or any other law | ||||||
17 | regulating rates and charges for service. In considering | ||||||
18 | whether to approve a water utility's proposed customer | ||||||
19 | assistance program, the Commission must determine that a | ||||||
20 | customer assistance program established under this subsection | ||||||
21 | is in the public interest. | ||||||
22 | The Commission shall adopt rules to implement this | ||||||
23 | subsection. These rules shall require customer assistance | ||||||
24 | programs under this subsection to coordinate with utility | ||||||
25 | energy efficiency programs and the Illinois Home | ||||||
26 | Weatherization Assistance Program for the purpose of informing |
| |||||||
| |||||||
1 | eligible customers of additional resources that may help the | ||||||
2 | customer conserve water. | ||||||
3 | (p) In this subsection, "cost of service" means the total | ||||||
4 | annual operation and maintenance expenses and capital-related | ||||||
5 | costs incurred in meeting the various aspects of providing | ||||||
6 | water or sanitary sewer service. | ||||||
7 | Within one year after the effective date of this amendatory | ||||||
8 | Act of the 101st General Assembly, an entity subject to the | ||||||
9 | federal Safe Drinking Water Act and the federal Clean Water Act | ||||||
10 | that serves or provides water or sewer services to a population | ||||||
11 | of more than 3,300 shall prepare a summary of its cost of | ||||||
12 | service for calendar year 2016. | ||||||
13 | A summary prepared under this subsection shall be submitted | ||||||
14 | to the Environmental Protection Agency electronically and | ||||||
15 | shall include any standardized forms, tables, or text specified | ||||||
16 | by the Director of the Agency. The Agency shall post all such | ||||||
17 | summaries on the Agency's website for public viewing and in a | ||||||
18 | timely manner after the Agency receives them. If an entity is | ||||||
19 | required to submit a cost of service summary or similar | ||||||
20 | document to another State agency, the entity may submit its | ||||||
21 | report to the Agency in the form required by that State agency. | ||||||
22 | (Source: P.A. 94-950, eff. 6-27-06.)
| ||||||
23 | (415 ILCS 5/17.11 rep.) | ||||||
24 | Section 75-110. The Environmental Protection Act is | ||||||
25 | amended by repealing Section 17.11. |
| |||||||
| |||||||
1 | Article 85. | ||||||
2 | Section 85-5. The Property Tax Code is amended by changing | ||||||
3 | Sections 21-295, 21-310, 21-355 as follows:
| ||||||
4 | (35 ILCS 200/21-295)
| ||||||
5 | Sec. 21-295. Creation of indemnity fund.
| ||||||
6 | (a) In counties of less than 3,000,000 inhabitants, each | ||||||
7 | person
purchasing any property at a sale under this Code shall | ||||||
8 | pay
to the County Collector, prior to the issuance of any | ||||||
9 | certificate of purchase,
an indemnity fee set by the county | ||||||
10 | collector of not more than $20 for each item purchased. A like | ||||||
11 | sum shall be paid for each year
that all or a portion of
| ||||||
12 | subsequent taxes are paid by the tax purchaser
and posted to
| ||||||
13 | the tax judgment, sale, redemption and forfeiture record where | ||||||
14 | the underlying
certificate of purchase is recorded.
| ||||||
15 | (a-5) In counties of 3,000,000 or more inhabitants, each | ||||||
16 | person purchasing
property at a
sale under this Code shall pay | ||||||
17 | to the County Collector a
non-refundable fee of $80
for each | ||||||
18 | item purchased plus an additional sum equal to 5% of taxes,
| ||||||
19 | interest, and penalties paid by the purchaser, including the | ||||||
20 | taxes,
interest, and penalties paid
under Section 21-240. In | ||||||
21 | these counties, the certificate holder shall also pay
to the | ||||||
22 | County Collector a fee of $80 for each year that all or a | ||||||
23 | portion of
subsequent taxes are paid by the tax purchaser and |
| |||||||
| |||||||
1 | posted to the tax judgment,
sale, redemption, and forfeiture | ||||||
2 | record , plus an additional sum equal to 5% of
all subsequent | ||||||
3 | taxes, interest, and penalties. The additional 5% fees are not | ||||||
4 | required after December 31, 2006 .
The changes to this | ||||||
5 | subsection made by this amendatory Act of the 91st
General | ||||||
6 | Assembly are not a new enactment, but declaratory of existing | ||||||
7 | law.
| ||||||
8 | (b) The amount paid prior to issuance of the certificate of | ||||||
9 | purchase
pursuant to subsection (a) or (a-5) shall be included | ||||||
10 | in the purchase price of
the property in the
certificate of | ||||||
11 | purchase and all amounts paid under this Section shall be
| ||||||
12 | included in the amount
required to redeem under Section 21-355 , | ||||||
13 | except for the non-refundable $80 fee for each item purchased | ||||||
14 | at the tax sale as provided in this Section .
Except as | ||||||
15 | otherwise provided in subsection (b) of Section 21-300, all
| ||||||
16 | money received under subsection (a) or (a-5) shall be paid by | ||||||
17 | the Collector
to the
County Treasurer of the County in which | ||||||
18 | the land is situated, for the purpose
of an indemnity fund. The | ||||||
19 | County Treasurer, as trustee of that fund, shall
invest all of | ||||||
20 | that fund, principal and income, in his or her hands from time | ||||||
21 | to
time, if not immediately required for payments of | ||||||
22 | indemnities under subsection
(a) of Section 21-305, in | ||||||
23 | investments permitted by the Illinois State Board of
Investment | ||||||
24 | under Article 22A of the Illinois Pension Code. The county
| ||||||
25 | collector shall report annually to the county clerk on the | ||||||
26 | condition and
income of the fund. The indemnity fund shall be |
| |||||||
| |||||||
1 | held to satisfy judgments
obtained against the County | ||||||
2 | Treasurer, as trustee of the fund. No payment shall
be made | ||||||
3 | from the fund, except upon a judgment of the court which | ||||||
4 | ordered the
issuance of a tax deed.
| ||||||
5 | (Source: P.A. 100-1070, eff. 1-1-19 .)
| ||||||
6 | (35 ILCS 200/21-310)
| ||||||
7 | Sec. 21-310. Sales in error.
| ||||||
8 | (a) When, upon application of the county collector, the | ||||||
9 | owner of the
certificate of purchase, or a
municipality which | ||||||
10 | owns or has owned the property ordered sold, it appears to
the | ||||||
11 | satisfaction of the court which ordered the property sold that | ||||||
12 | any of the
following subsections are applicable, the court | ||||||
13 | shall declare the sale to be a
sale in error:
| ||||||
14 | (1) the property was not subject to taxation, or all or | ||||||
15 | any part of the
lien of taxes sold has become null and void | ||||||
16 | pursuant to Section 21-95
or unenforceable pursuant to | ||||||
17 | subsection (c) of Section 18-250 or subsection
(b) of | ||||||
18 | Section 22-40,
| ||||||
19 | (2) the taxes or special assessments had been paid | ||||||
20 | prior to the sale of
the property,
| ||||||
21 | (3) there is a double assessment,
| ||||||
22 | (4) the description is void for uncertainty,
| ||||||
23 | (5) the assessor, chief county assessment officer, | ||||||
24 | board of review,
board of appeals, or other county official | ||||||
25 | has made an error (other than an
error of judgment as to
|
| |||||||
| |||||||
1 | the value of any property),
| ||||||
2 | (5.5) the owner of the homestead property had tendered | ||||||
3 | timely and full
payment to the county collector that the | ||||||
4 | owner reasonably believed was due and
owing on the | ||||||
5 | homestead property, and the county collector did not apply | ||||||
6 | the
payment to the homestead property; provided that this | ||||||
7 | provision applies only to
homeowners, not their agents or | ||||||
8 | third-party payors,
| ||||||
9 | (6) prior to the tax sale a voluntary or involuntary | ||||||
10 | petition has been
filed by or against the legal or | ||||||
11 | beneficial owner of the property requesting
relief under | ||||||
12 | the provisions of 11 U.S.C. Chapter 7, 11, 12, or 13,
| ||||||
13 | (7) the property is owned by the United States, the | ||||||
14 | State of Illinois,
a municipality, or a
taxing district, or | ||||||
15 | (8) the owner of the property is a reservist or | ||||||
16 | guardsperson who is granted an extension of his or her due | ||||||
17 | date under Sections 21-15, 21-20, and 21-25 of this Act.
| ||||||
18 | (b) When, upon application of the owner of the certificate | ||||||
19 | of purchase
only, it appears to the satisfaction of the court | ||||||
20 | which ordered the property
sold that any of the following | ||||||
21 | subsections are applicable, the court shall
declare the sale to | ||||||
22 | be a sale in error:
| ||||||
23 | (1) A voluntary or involuntary petition under the | ||||||
24 | provisions of 11
U.S.C. Chapter 7, 11, 12, or 13 has been | ||||||
25 | filed
subsequent to the tax sale and prior to the issuance | ||||||
26 | of the tax deed.
|
| |||||||
| |||||||
1 | (2) The improvements upon the property sold have been | ||||||
2 | substantially
destroyed or rendered uninhabitable or | ||||||
3 | otherwise unfit for occupancy subsequent
to the tax sale | ||||||
4 | and prior to the issuance of the tax deed; however, if the | ||||||
5 | court declares a sale in error under this paragraph (2), | ||||||
6 | the court may order the holder of the certificate of | ||||||
7 | purchase to assign the certificate to the county collector | ||||||
8 | if requested by the county collector. The county collector | ||||||
9 | may, upon request of the county, as trustee, or upon | ||||||
10 | request of a taxing district having an interest in the | ||||||
11 | taxes sold, further assign any certificate of purchase | ||||||
12 | received pursuant to this paragraph (2) to the county | ||||||
13 | acting as trustee for taxing districts pursuant to Section | ||||||
14 | 21-90 of this Code or to the taxing district having an | ||||||
15 | interest in the taxes sold.
| ||||||
16 | (3) There is an interest held by the United States in | ||||||
17 | the property sold
which could not be extinguished by the | ||||||
18 | tax deed.
| ||||||
19 | (4) The real property contains a hazardous
substance, | ||||||
20 | hazardous waste, or underground storage tank that would
| ||||||
21 | require cleanup or other removal under any federal,
State, | ||||||
22 | or local law, ordinance, or regulation, only if the tax | ||||||
23 | purchaser
purchased the property without actual knowledge | ||||||
24 | of the hazardous substance,
hazardous waste, or | ||||||
25 | underground storage tank. This paragraph (4) applies only | ||||||
26 | if the owner of the
certificate of purchase has made |
| |||||||
| |||||||
1 | application for a sale in error at any time
before the | ||||||
2 | issuance of a tax deed. If the court declares a sale in | ||||||
3 | error under this paragraph (4), the court may order the | ||||||
4 | holder of the certificate of purchase to assign the | ||||||
5 | certificate to the county collector if requested by the | ||||||
6 | county collector. The county collector may, upon request of | ||||||
7 | the county, as trustee, or upon request of a taxing | ||||||
8 | district having an interest in the taxes sold, further | ||||||
9 | assign any certificate of purchase received pursuant to | ||||||
10 | this paragraph (4) to the county acting as trustee for | ||||||
11 | taxing districts pursuant to Section 21-90 of this Code or | ||||||
12 | to the taxing district having an interest in the taxes | ||||||
13 | sold.
| ||||||
14 | Whenever a court declares a sale in error under this | ||||||
15 | subsection (b), the court shall promptly notify the county | ||||||
16 | collector in writing. Every such declaration pursuant to any | ||||||
17 | provision of this subsection (b) shall be made within the | ||||||
18 | proceeding in which the tax sale was authorized. | ||||||
19 | (c) When the county collector discovers, prior to the | ||||||
20 | expiration of the period of redemption, that a tax sale
should | ||||||
21 | not have occurred for one or more of the reasons set forth in
| ||||||
22 | subdivision (a)(1), (a)(2), (a)(6), or (a)(7) of this Section, | ||||||
23 | the county
collector shall notify the last known owner of the | ||||||
24 | certificate of purchase by
certified and regular mail, or other | ||||||
25 | means reasonably calculated to provide
actual notice, that the | ||||||
26 | county collector intends to declare an administrative
sale in |
| |||||||
| |||||||
1 | error and of the reasons therefor, including documentation | ||||||
2 | sufficient
to establish the reason why the sale should not have | ||||||
3 | occurred. The owner of the
certificate of purchase may object | ||||||
4 | in writing within 28 days after the date of
the mailing by the | ||||||
5 | county collector. If an objection is filed, the county
| ||||||
6 | collector shall not administratively declare a sale in error, | ||||||
7 | but may apply to
the circuit court for a sale in error as | ||||||
8 | provided in subsection (a) of this
Section. Thirty days | ||||||
9 | following the receipt of notice by the last known owner of
the | ||||||
10 | certificate of purchase, or within a reasonable time | ||||||
11 | thereafter, the county
collector shall make a written | ||||||
12 | declaration, based upon clear and convincing
evidence, that the | ||||||
13 | taxes were sold in error and shall deliver a copy thereof to
| ||||||
14 | the county clerk within 30 days after the date the declaration | ||||||
15 | is made for
entry in the tax judgment, sale, redemption, and | ||||||
16 | forfeiture record pursuant to
subsection (d) of this Section. | ||||||
17 | The county collector shall promptly notify the
last known owner | ||||||
18 | of the certificate of purchase of the declaration by regular
| ||||||
19 | mail and shall promptly pay the amount of the tax sale, | ||||||
20 | together with interest
and costs as provided in Section 21-315, | ||||||
21 | upon surrender of the original
certificate of purchase.
| ||||||
22 | (d) If a sale is declared to be a sale in error, the county
| ||||||
23 | clerk shall make entry in the tax judgment, sale, redemption | ||||||
24 | and
forfeiture record, that the property was erroneously sold, | ||||||
25 | and the county
collector shall, on demand of the owner of the | ||||||
26 | certificate of purchase, refund
the amount paid, except for the |
| |||||||
| |||||||
1 | non-refundable $80 fee paid, pursuant to Section 21-295, for | ||||||
2 | each item purchased at the tax sale, pay any interest and costs | ||||||
3 | as may be ordered under Sections
21-315 through 21-335, and | ||||||
4 | cancel the certificate so far as it relates to the
property. | ||||||
5 | The county collector shall deduct from the accounts of the
| ||||||
6 | appropriate taxing bodies their pro rata amounts paid. | ||||||
7 | Alternatively, for sales in error declared under subsection | ||||||
8 | (b)(2) or (b)(4), the county collector may request the circuit | ||||||
9 | court to direct the county clerk to record any assignment of | ||||||
10 | the tax certificate to or from the county collector without | ||||||
11 | charging a fee for the assignment. The owner of the certificate | ||||||
12 | of purchase shall receive all statutory refunds and payments. | ||||||
13 | The county collector shall deduct costs and payments in the | ||||||
14 | same manner as if a sale in error had occurred.
| ||||||
15 | (Source: P.A. 100-890, eff. 1-1-19; 101-379, eff. 1-1-20 .)
| ||||||
16 | (35 ILCS 200/21-355)
| ||||||
17 | Sec. 21-355. Amount of redemption. Any person desiring to | ||||||
18 | redeem shall
deposit an amount specified in this Section with | ||||||
19 | the county clerk of the
county in which the property is | ||||||
20 | situated,
in legal money of the United States, or by cashier's | ||||||
21 | check, certified check,
post office money order or money order | ||||||
22 | issued by a financial institution
insured by an agency or | ||||||
23 | instrumentality of the United States, payable to the
county | ||||||
24 | clerk of the proper county. The deposit shall be deemed timely | ||||||
25 | only
if actually received in person at the county clerk's |
| |||||||
| |||||||
1 | office prior to the close
of business as defined in Section | ||||||
2 | 3-2007 of the Counties Code on or before the
expiration of the | ||||||
3 | period of redemption or by United
States mail with a post | ||||||
4 | office cancellation mark dated not less than one day
prior to | ||||||
5 | the expiration of the period of redemption. The deposit shall
| ||||||
6 | be
in an amount equal to the total of the
following:
| ||||||
7 | (a) the certificate amount, which shall include all tax | ||||||
8 | principal,
special assessments, interest and penalties | ||||||
9 | paid by the tax purchaser together
with costs and fees of | ||||||
10 | sale and fees paid under Sections 21-295 and 21-315
through | ||||||
11 | 21-335 , except for the non-refundable $80 fee paid, | ||||||
12 | pursuant to Section 21-295, for each item purchased at the | ||||||
13 | tax sale ;
| ||||||
14 | (b) the accrued penalty, computed through the date of | ||||||
15 | redemption as a
percentage of the certificate amount, as | ||||||
16 | follows:
| ||||||
17 | (1) if the redemption occurs on or before the | ||||||
18 | expiration of 6 months
from the date of sale, the | ||||||
19 | certificate amount times the penalty bid at sale;
| ||||||
20 | (2) if the redemption occurs after 6 months from | ||||||
21 | the date of sale,
and on or before the expiration of 12 | ||||||
22 | months from the date of sale, the
certificate amount | ||||||
23 | times 2 times the penalty bid at sale;
| ||||||
24 | (3) if the redemption occurs after 12 months from | ||||||
25 | the date of sale
and on or before the expiration of 18 | ||||||
26 | months from the date of sale, the
certificate amount |
| |||||||
| |||||||
1 | times 3 times the penalty bid at sale;
| ||||||
2 | (4) if the redemption occurs after 18 months from | ||||||
3 | the date
of sale and on or before the expiration of 24 | ||||||
4 | months from the date of sale,
the certificate amount | ||||||
5 | times 4 times the penalty bid at sale;
| ||||||
6 | (5) if the redemption occurs after 24 months from | ||||||
7 | the date of sale
and on or before the expiration of 30 | ||||||
8 | months from the date of sale, the
certificate amount | ||||||
9 | times 5 times the penalty bid at sale;
| ||||||
10 | (6) if the redemption occurs after 30 months from | ||||||
11 | the date of sale
and on or before the expiration of 36 | ||||||
12 | months from the date of sale, the
certificate amount | ||||||
13 | times 6 times the penalty bid at sale.
| ||||||
14 | In the event that the property to be redeemed has | ||||||
15 | been purchased
under Section 21-405, the penalty bid | ||||||
16 | shall be 12% per penalty
period as set forth in | ||||||
17 | subparagraphs (1) through (6) of this subsection (b).
| ||||||
18 | The changes to this subdivision (b)(6) made by this | ||||||
19 | amendatory Act of the
91st General Assembly are not a | ||||||
20 | new enactment, but declaratory of existing
law.
| ||||||
21 | (c) The total of all taxes, special assessments, | ||||||
22 | accrued interest on those
taxes and special assessments and | ||||||
23 | costs charged in connection with the payment
of those taxes | ||||||
24 | or special assessments, except for the non-refundable $80 | ||||||
25 | fee paid, pursuant to Section 21-295, for each item | ||||||
26 | purchased at the tax sale, which have been paid by the tax
|
| |||||||
| |||||||
1 | certificate holder on or after the date those taxes or | ||||||
2 | special assessments
became delinquent together with 12% | ||||||
3 | penalty on each amount so paid for each
year or portion | ||||||
4 | thereof intervening between the date of that payment and | ||||||
5 | the
date of redemption.
In counties with less than | ||||||
6 | 3,000,000 inhabitants, however, a tax certificate
holder | ||||||
7 | may not pay
all or part of an installment of a subsequent | ||||||
8 | tax or special assessment for any
year, nor shall any
| ||||||
9 | tender of such a payment be accepted, until after the | ||||||
10 | second or final
installment
of the subsequent tax or | ||||||
11 | special assessment has become delinquent
or until after the
| ||||||
12 | holder of the certificate of purchase has filed a petition | ||||||
13 | for a tax deed under
Section 22.30.
The person
redeeming | ||||||
14 | shall also pay the amount of interest charged on the | ||||||
15 | subsequent tax
or special assessment and paid as a penalty | ||||||
16 | by the tax certificate holder.
This amendatory Act of
1995 | ||||||
17 | applies to tax years beginning with the 1995 taxes, payable | ||||||
18 | in 1996, and
thereafter.
| ||||||
19 | (d) Any amount paid to redeem a forfeiture occurring | ||||||
20 | subsequent to the
tax sale together with 12% penalty | ||||||
21 | thereon for each year or portion thereof
intervening | ||||||
22 | between the date of the forfeiture redemption and the date | ||||||
23 | of
redemption from the sale.
| ||||||
24 | (e) Any amount paid by the certificate holder for | ||||||
25 | redemption of a
subsequently occurring tax sale.
| ||||||
26 | (f) All fees paid to the county clerk under Section |
| |||||||
| |||||||
1 | 22-5.
| ||||||
2 | (g) All fees paid to the registrar of titles incident | ||||||
3 | to registering
the tax certificate in compliance with the | ||||||
4 | Registered Titles (Torrens) Act.
| ||||||
5 | (h) All fees paid to the circuit clerk and the sheriff, | ||||||
6 | a licensed or registered private detective, or the
coroner | ||||||
7 | in connection with the filing of the petition for tax deed | ||||||
8 | and
service of notices under Sections 22-15 through 22-30 | ||||||
9 | and 22-40 in addition to
(1) a fee of $35 if a petition for | ||||||
10 | tax deed has been filed, which fee shall
be posted to the | ||||||
11 | tax judgement, sale, redemption, and forfeiture record, to | ||||||
12 | be
paid to the purchaser or his or her assignee; (2) a fee | ||||||
13 | of $4 if a notice under
Section 22-5 has been filed, which | ||||||
14 | fee shall be posted
to the tax judgment, sale, redemption, | ||||||
15 | and forfeiture record, to be paid to
the purchaser or his | ||||||
16 | or her assignee; (3) all costs paid to record a
lis pendens | ||||||
17 | notice in connection with filing a petition under this | ||||||
18 | Code; and (4) if a petition for tax deed has been filed, | ||||||
19 | all fees up to $150 per redemption paid to a registered or | ||||||
20 | licensed title insurance company or title insurance agent | ||||||
21 | for a title search to identify all owners, parties | ||||||
22 | interested, and occupants of the property, to be paid to | ||||||
23 | the purchaser or his or her assignee.
The fees in (1) and | ||||||
24 | (2) of this paragraph (h) shall be exempt from the posting
| ||||||
25 | requirements of Section 21-360. The costs incurred in | ||||||
26 | causing notices to be served by a licensed or registered |
| |||||||
| |||||||
1 | private detective under Section 22-15, may not exceed the | ||||||
2 | amount that the sheriff would be authorized by law to | ||||||
3 | charge if those notices had been served by the sheriff.
| ||||||
4 | (i) All fees paid for publication of notice of the tax | ||||||
5 | sale in
accordance with Section 22-20.
| ||||||
6 | (j) All sums paid to any county, city, village or | ||||||
7 | incorporated town for
reimbursement under Section 22-35.
| ||||||
8 | (k) All costs and expenses of receivership under | ||||||
9 | Section 21-410, to the
extent that these costs and expenses | ||||||
10 | exceed any income from the property in
question, if the | ||||||
11 | costs and expenditures have been approved by the court
| ||||||
12 | appointing the receiver and a certified copy of the order | ||||||
13 | or approval is filed
and posted by the certificate holder | ||||||
14 | with the county clerk. Only actual costs
expended may be | ||||||
15 | posted on the tax judgment, sale, redemption and forfeiture
| ||||||
16 | record.
| ||||||
17 | (Source: P.A. 98-1162, eff. 6-1-15 .)
| ||||||
18 | Article 90. | ||||||
19 | Section 90-5. The Housing Authorities Act is amended by | ||||||
20 | changing Sections 8.23, 17, and 25 and by adding Sections | ||||||
21 | 8.10a, 25.01, and 25.02 as follows: | ||||||
22 | (310 ILCS 10/8.10a new) | ||||||
23 | Sec. 8.10a. Criminal history record data. |
| |||||||
| |||||||
1 | (a) Every Authority organized under the provisions of this | ||||||
2 | Act shall collect the following: | ||||||
3 | (1) the number of applications submitted for admission | ||||||
4 | to federally assisted housing; | ||||||
5 | (2)
the number of applications submitted for admission | ||||||
6 | to federally assisted housing by individuals with a | ||||||
7 | criminal history record, if the Authority is conducting | ||||||
8 | criminal history records checks of applicants or other | ||||||
9 | household members; | ||||||
10 | (3)
the number of applications for admission to | ||||||
11 | federally assisted housing that were denied on the basis of | ||||||
12 | a criminal history record, if the Authority is conducting | ||||||
13 | criminal history records checks of applicants or other | ||||||
14 | household members; | ||||||
15 | (4)
the number of criminal records assessment hearings | ||||||
16 | requested by applicants for housing who were denied | ||||||
17 | federally assisted housing on the basis of a criminal | ||||||
18 | history records check; and | ||||||
19 | (5)
the number of denials for federally assisted | ||||||
20 | housing that were overturned after a criminal records | ||||||
21 | assessment hearing. | ||||||
22 | (b) The information required in this Section shall be | ||||||
23 | disaggregated by the race, ethnicity, and sex of applicants for | ||||||
24 | housing. This information shall be reported to the Illinois | ||||||
25 | Criminal Justice Information Authority and shall be compiled | ||||||
26 | and reported to the General Assembly annually by the Illinois |
| |||||||
| |||||||
1 | Criminal Justice Information Authority. The Illinois Criminal | ||||||
2 | Justice Information Authority shall also make this report | ||||||
3 | publicly available, including on its website, without fee.
| ||||||
4 | (310 ILCS 10/8.23)
| ||||||
5 | Sec. 8.23.
Notification to leaseholders of the prospective | ||||||
6 | presence of
individuals with a felony conviction felons
in
| ||||||
7 | housing authority facilities; eviction.
| ||||||
8 | (a) Immediately upon the receipt of the written | ||||||
9 | notification, from the
Department of Corrections under | ||||||
10 | subsection (c) of Section 3-14-1 of the Unified
Code of | ||||||
11 | Corrections, that an individual with a felony conviction a | ||||||
12 | felon
intends to reside, upon release from custody, at an | ||||||
13 | address that is a housing
facility owned,
managed, operated, or | ||||||
14 | leased by the Authority, the Authority must provide
written | ||||||
15 | notification to the leaseholder residing at
that
address.
| ||||||
16 | (b) The Authority may not evict the leaseholder described | ||||||
17 | in subsection (a)
of
this Section unless (i) federal law | ||||||
18 | prohibits the individual with a felony conviction from residing | ||||||
19 | at a housing
facility owned,
managed, operated, or leased by | ||||||
20 | the Authority and (ii) the Authority proves by a preponderance | ||||||
21 | of the evidence
that
the leaseholder had knowledge of and | ||||||
22 | consents to the individual's felon's
intent to reside at the | ||||||
23 | leaseholder's address.
| ||||||
24 | (Source: P.A. 91-506, eff. 8-13-99.)
|
| |||||||
| |||||||
1 | (310 ILCS 10/17) (from Ch. 67 1/2, par. 17)
| ||||||
2 | Sec. 17. Definitions. The following terms, wherever used or | ||||||
3 | referred to in this
Act shall have the following respective | ||||||
4 | meanings, unless in any case a
different meaning clearly | ||||||
5 | appears from the context:
| ||||||
6 | (a) "Authority" or "housing authority" shall mean a | ||||||
7 | municipal
corporation organized in accordance with the | ||||||
8 | provisions of this Act for
the purposes, with the powers and | ||||||
9 | subject to the restrictions herein set
forth.
| ||||||
10 | (b) "Area" or "area of operation" shall mean: (1) in the | ||||||
11 | case of an
authority which is created hereunder for a city, | ||||||
12 | village, or incorporated
town, the area within the territorial | ||||||
13 | boundaries of said city, village, or
incorporated town, and so | ||||||
14 | long as no county housing authority has
jurisdiction therein, | ||||||
15 | the area within three miles from such territorial
boundaries, | ||||||
16 | except any part of such area located within the territorial
| ||||||
17 | boundaries of any other city, village, or incorporated town; | ||||||
18 | and (2) in the
case of a county shall include all of the county | ||||||
19 | except the area of any
city, village or incorporated town | ||||||
20 | located therein in which there is an
Authority. When an | ||||||
21 | authority is created for a county subsequent to the
creation of | ||||||
22 | an authority for a city, village or incorporated town within
| ||||||
23 | the same county, the area of operation of the authority for | ||||||
24 | such city,
village or incorporated town shall thereafter be | ||||||
25 | limited to the territory
of such city, village or incorporated | ||||||
26 | town, but the authority for such
city, village or incorporated |
| |||||||
| |||||||
1 | town may continue to operate any project
developed in whole or | ||||||
2 | in part in an area previously a part of its area of
operation, | ||||||
3 | or may contract with the county housing authority with respect
| ||||||
4 | to the sale, lease, development or administration of such | ||||||
5 | project. When an
authority is created for a city, village or | ||||||
6 | incorporated town subsequent to
the creation of a county | ||||||
7 | housing authority which previously included such
city, village | ||||||
8 | or incorporated town within its area of operation, such
county | ||||||
9 | housing authority shall have no power to create any additional
| ||||||
10 | project within the city, village or incorporated town, but any | ||||||
11 | existing
project in the city, village or incorporated town | ||||||
12 | currently owned and
operated by the county housing authority | ||||||
13 | shall remain in the ownership,
operation, custody and control | ||||||
14 | of the county housing authority.
| ||||||
15 | (b-5) "Criminal history record" means a record of arrest, | ||||||
16 | complaint, indictment, or any disposition arising therefrom. | ||||||
17 | (b-6) "Criminal history report" means any written, oral, or | ||||||
18 | other communication of information that includes criminal | ||||||
19 | history record information about a natural person that is | ||||||
20 | produced by a law enforcement agency, a court, a consumer | ||||||
21 | reporting agency, or a housing screening agency or business. | ||||||
22 | (c) "Presiding officer" shall mean the presiding officer of | ||||||
23 | the
board of a county, or the mayor or president of a city, | ||||||
24 | village or
incorporated town, as the case may be, for which an | ||||||
25 | Authority is created
hereunder.
| ||||||
26 | (d) "Commissioner" shall mean one of the members of an |
| |||||||
| |||||||
1 | Authority
appointed in accordance with the provisions of this | ||||||
2 | Act.
| ||||||
3 | (e) "Government" shall include the State and Federal | ||||||
4 | governments and
the governments of any subdivisions, agency or | ||||||
5 | instrumentality,
corporate or otherwise, of either of them.
| ||||||
6 | (f) "Department" shall mean the Department of Commerce and
| ||||||
7 | Economic Opportunity.
| ||||||
8 | (g) "Project" shall include all lands, buildings, and | ||||||
9 | improvements,
acquired, owned, leased, managed or operated by a | ||||||
10 | housing authority, and
all buildings and improvements | ||||||
11 | constructed, reconstructed or repaired by
a housing authority, | ||||||
12 | designed to provide housing accommodations and
facilities | ||||||
13 | appurtenant thereto (including community facilities and
| ||||||
14 | stores) which are planned as a unit, whether or not acquired or
| ||||||
15 | constructed at one time even though all or a portion of the | ||||||
16 | buildings
are not contiguous or adjacent to one another; and | ||||||
17 | the planning of
buildings and improvements, the acquisition of | ||||||
18 | property, the demolition
of existing structures, the clearing | ||||||
19 | of land, the construction,
reconstruction, and repair of | ||||||
20 | buildings or improvements and all other
work in connection | ||||||
21 | therewith. As provided in Sections 8.14 to 8.18,
inclusive, | ||||||
22 | "project" also means, for Housing Authorities for
| ||||||
23 | municipalities of less than 500,000 population and for | ||||||
24 | counties, the
conservation of urban areas in accordance with an | ||||||
25 | approved conservation
plan. "Project" shall also include (1) | ||||||
26 | acquisition of (i) a slum or
blighted area or a deteriorated or |
| |||||||
| |||||||
1 | deteriorating area which is
predominantly residential in | ||||||
2 | character, or (ii) any other deteriorated
or deteriorating area | ||||||
3 | which is to be developed or redeveloped for
predominantly | ||||||
4 | residential uses, or (iii) platted urban or suburban land
which | ||||||
5 | is predominantly open and which because of obsolete platting,
| ||||||
6 | diversity of ownership, deterioration of structures or of site
| ||||||
7 | improvements, or otherwise substantially impairs or arrests | ||||||
8 | the sound
growth of the community and which is to be developed | ||||||
9 | for predominantly
residential uses, or (iv) open unplatted | ||||||
10 | urban or suburban land
necessary for sound community growth | ||||||
11 | which is to be developed for
predominantly residential uses, or | ||||||
12 | (v) any other area where parcels of
land remain undeveloped | ||||||
13 | because of improper platting, delinquent taxes
or special | ||||||
14 | assessments, scattered or uncertain ownerships, clouds on
| ||||||
15 | title, artificial values due to excessive utility costs, or any | ||||||
16 | other
impediments to the use of such area for predominantly | ||||||
17 | residential uses;
(2) installation, construction, or | ||||||
18 | reconstruction of streets, utilities,
and other site | ||||||
19 | improvements essential to the preparation of sites for
uses in | ||||||
20 | accordance with the development or redevelopment plan; and (3)
| ||||||
21 | making the land available for development or redevelopment by | ||||||
22 | private
enterprise or public agencies (including sale, initial | ||||||
23 | leasing, or
retention by the local public agency itself). If in | ||||||
24 | any city, village
or incorporated town there exists a land | ||||||
25 | clearance commission created
under the "Blighted Areas | ||||||
26 | Redevelopment Act of 1947" having the same
area of operation as |
| |||||||
| |||||||
1 | a housing authority created in and for any such
municipality | ||||||
2 | such housing authority shall have no power to acquire land
of | ||||||
3 | the character described in subparagraph (iii), (iv) or (v) of
| ||||||
4 | paragraph 1 of the definition of "project" for the purpose of
| ||||||
5 | development or redevelopment by private enterprise.
| ||||||
6 | (h) "Community facilities" shall include lands, buildings, | ||||||
7 | and
equipment for recreation or social assembly, for education, | ||||||
8 | health or
welfare activities and other necessary utilities | ||||||
9 | primarily for use and
benefit of the occupants of housing | ||||||
10 | accommodations to be constructed,
reconstructed, repaired or | ||||||
11 | operated hereunder.
| ||||||
12 | (i) "Real property" shall include lands, lands under water,
| ||||||
13 | structures, and any and all easements, franchises and | ||||||
14 | incorporeal
hereditaments and estates, and rights, legal and | ||||||
15 | equitable, including
terms for years and liens by way of | ||||||
16 | judgment, mortgage or otherwise.
| ||||||
17 | (j) The term "governing body" shall include the city | ||||||
18 | council of any
city, the president and board of trustees of any | ||||||
19 | village or incorporated
town, the council of any city or | ||||||
20 | village, and the county board of any
county.
| ||||||
21 | (k) The phrase "individual, association, corporation or
| ||||||
22 | organization" shall include any individual, private | ||||||
23 | corporation, limited or general partnership, limited liability | ||||||
24 | company,
insurance company, housing corporation, neighborhood | ||||||
25 | redevelopment
corporation, non-profit corporation, | ||||||
26 | incorporated or unincorporated
group or association, |
| |||||||
| |||||||
1 | educational institution, hospital, or charitable
organization, | ||||||
2 | and any mutual ownership or cooperative organization.
| ||||||
3 | (l) "Conservation area", for the purpose of the exercise of | ||||||
4 | the
powers granted in Sections 8.14 to 8.18, inclusive, for | ||||||
5 | housing
authorities for municipalities of less than 500,000 | ||||||
6 | population and for
counties, means an area of not less than 2 | ||||||
7 | acres in which the structures
in 50% or more of the area are | ||||||
8 | residential having an average age of 35
years or more. Such an | ||||||
9 | area is not yet a slum or blighted area as
defined in the | ||||||
10 | Blighted Areas Redevelopment Act of 1947, but such an
area by | ||||||
11 | reason of dilapidation, obsolescence, deterioration or illegal
| ||||||
12 | use of individual structures, overcrowding of structures and | ||||||
13 | community
facilities, conversion of residential units into | ||||||
14 | non-residential use,
deleterious land use or layout, decline of | ||||||
15 | physical maintenance, lack of
community planning, or any | ||||||
16 | combination of these factors may become a
slum and blighted | ||||||
17 | area.
| ||||||
18 | (m) "Conservation plan" means the comprehensive program | ||||||
19 | for the
physical development and replanning of a "Conservation | ||||||
20 | Area" as defined
in paragraph (l) embodying the steps required | ||||||
21 | to prevent such
Conservation Area from becoming a slum and | ||||||
22 | blighted area.
| ||||||
23 | (n) "Fair use value" means the fair cash market value of | ||||||
24 | real
property when employed for the use contemplated by a | ||||||
25 | "Conservation Plan"
in municipalities of less than 500,000 | ||||||
26 | population and in counties.
|
| |||||||
| |||||||
1 | (o) "Community facilities" means, in relation to a | ||||||
2 | "Conservation
Plan", those physical plants which implement, | ||||||
3 | support and facilitate the
activities, services and interests | ||||||
4 | of education, recreation, shopping,
health, welfare, religion | ||||||
5 | and general culture.
| ||||||
6 | (p) "Loan agreement" means any agreement pursuant to which | ||||||
7 | an Authority
agrees to loan the proceeds of its revenue bonds | ||||||
8 | issued with respect to a
multifamily rental housing project or | ||||||
9 | other funds of the Authority to any
person upon terms providing | ||||||
10 | for
loan repayment installments at least sufficient to pay when | ||||||
11 | due all principal
of, premium, if any, and interest on the | ||||||
12 | revenue bonds of the Authority issued
with respect to the | ||||||
13 | multifamily rental housing project, and providing for
| ||||||
14 | maintenance, insurance, and
other matters as may be deemed | ||||||
15 | desirable by the Authority.
| ||||||
16 | (q) "Multifamily rental housing" means any rental project | ||||||
17 | designed for
mixed-income or low-income occupancy.
| ||||||
18 | (Source: P.A. 94-793, eff. 5-19-06; 95-887, eff. 8-22-08.)
| ||||||
19 | (310 ILCS 10/25)
(from Ch. 67 1/2, par. 25)
| ||||||
20 | Sec. 25. Rentals and tenant selection. In the operation or | ||||||
21 | management
of housing projects an Authority
shall at all times | ||||||
22 | observe the following duties with respect to rentals and
tenant | ||||||
23 | selection:
| ||||||
24 | (a) It shall not accept any person as a tenant in any
| ||||||
25 | dwelling in a housing project if the persons who would occupy |
| |||||||
| |||||||
1 | the dwelling
have an aggregate annual income which equals or | ||||||
2 | exceeds the amount which
the Authority determines (which | ||||||
3 | determination shall be conclusive) to be
necessary in order to | ||||||
4 | enable such persons to secure safe, sanitary and
uncongested | ||||||
5 | dwelling accommodations within the area of operation of the
| ||||||
6 | Authority and to provide an adequate standard of living for | ||||||
7 | themselves.
| ||||||
8 | (b) It may rent or lease the dwelling accommodations | ||||||
9 | therein only at rentals
within the financial reach of persons | ||||||
10 | who lack the amount of income which
it determines (pursuant to | ||||||
11 | (a) of this Section) to be necessary in order to
obtain safe, | ||||||
12 | sanitary and uncongested dwelling accommodations within the
| ||||||
13 | area of operation of the Authority and to provide an adequate | ||||||
14 | standard of
living.
| ||||||
15 | (c) It may rent or lease to a tenant a dwelling consisting | ||||||
16 | of the
number of rooms (but no greater number) which it deems | ||||||
17 | necessary to provide
safe and sanitary accommodations to the | ||||||
18 | proposed occupants thereof, without
overcrowding.
| ||||||
19 | (d) It shall not change the residency preference of any | ||||||
20 | prospective
tenant once the application has been accepted by | ||||||
21 | the authority.
| ||||||
22 | (e) It may refuse to certify or recertify applicants, | ||||||
23 | current tenants, or
other household members if, after due | ||||||
24 | notice
and an impartial hearing, that person or any of the | ||||||
25 | proposed occupants of
the dwelling has, prior to or during a | ||||||
26 | term of tenancy or occupancy in any
housing
project operated by |
| |||||||
| |||||||
1 | an Authority, been convicted of a criminal offense
relating to | ||||||
2 | the sale or distribution of controlled
substances under the
| ||||||
3 | laws of this State, the United States or any other state.
If an | ||||||
4 | Authority desires a criminal history records check of all 50 | ||||||
5 | states
or a 50-state confirmation of a conviction record, the | ||||||
6 | Authority shall submit
the fingerprints of the relevant | ||||||
7 | applicant, tenant, or other household member
to the Department | ||||||
8 | of State Police in a manner prescribed by the Department of
| ||||||
9 | State Police. These
fingerprints shall be checked against the | ||||||
10 | fingerprint records now and hereafter
filed in the
Department | ||||||
11 | of State Police and
Federal Bureau of Investigation criminal | ||||||
12 | history records databases.
The Department of State Police shall | ||||||
13 | charge a fee
for conducting the criminal history records check, | ||||||
14 | which shall be deposited in
the State Police Services Fund and | ||||||
15 | shall not exceed the actual cost of the
records check. The | ||||||
16 | Department of State Police shall furnish pursuant to
positive | ||||||
17 | identification, records of conviction to the Authority. An | ||||||
18 | Authority that requests a criminal history report of an | ||||||
19 | applicant or other household member shall inform the applicant | ||||||
20 | at the time of the request that the applicant or other | ||||||
21 | household member may provide additional mitigating information | ||||||
22 | for consideration with the application for housing.
| ||||||
23 | (e-5) Criminal history record assessment. The Authority | ||||||
24 | shall use the following process when evaluating the criminal | ||||||
25 | history report of an applicant or other household member to | ||||||
26 | determine whether to rent or lease to the applicant: |
| |||||||
| |||||||
1 | (1) Unless required by federal law, the Authority shall | ||||||
2 | not consider the following information when determining | ||||||
3 | whether to rent or lease to an applicant for housing: | ||||||
4 | (A) an arrest or detention; | ||||||
5 | (B) criminal charges or indictments, and the | ||||||
6 | nature of any disposition arising therefrom, that do | ||||||
7 | not result in a conviction; | ||||||
8 | (C) a conviction that has been vacated, ordered, | ||||||
9 | expunged, sealed, or impounded by a court; | ||||||
10 | (D) matters under the jurisdiction of the Illinois | ||||||
11 | Juvenile Court; | ||||||
12 | (E) the amount of time since the applicant or other | ||||||
13 | household member completed his or her sentence in | ||||||
14 | prison or jail or was released from prison or jail; or | ||||||
15 | (F) convictions occurring more than 180 days prior | ||||||
16 | to the date the applicant submitted his or her | ||||||
17 | application for housing. | ||||||
18 | (2) The Authority shall create a system for the | ||||||
19 | independent review of criminal history reports: | ||||||
20 | (A) the reviewer shall examine the applicant's or | ||||||
21 | other household member's criminal history report and | ||||||
22 | report only those records not prohibited under | ||||||
23 | paragraph (1) to the person or persons making the | ||||||
24 | decision about whether to offer housing to the | ||||||
25 | applicant; and | ||||||
26 | (B) the reviewer shall not participate in any final |
| |||||||
| |||||||
1 | decisions on an applicant's application for housing. | ||||||
2 | (3) The Authority may deny an applicant's application | ||||||
3 | for housing because of the applicant's or another household | ||||||
4 | member's criminal history record, only if the Authority: | ||||||
5 | (A) determines that the denial is required under | ||||||
6 | federal law; or | ||||||
7 | (B)
determines that there is a direct relationship | ||||||
8 | between the applicant or the other household member's | ||||||
9 | criminal history record and a risk to the health, | ||||||
10 | safety, and peaceful enjoyment of fellow tenants. The | ||||||
11 | mere existence of a criminal history record does not | ||||||
12 | demonstrate such a risk. | ||||||
13 | (f) It may, if a tenant has created or maintained a threat
| ||||||
14 | constituting a serious and clear danger to the health or safety | ||||||
15 | of other
tenants or Authority employees, after 3 days' written | ||||||
16 | notice
of termination and without a hearing, file suit against | ||||||
17 | any such tenant for
recovery of possession of the premises. The | ||||||
18 | tenant shall be given the
opportunity to contest the | ||||||
19 | termination in the court proceedings. A serious
and clear | ||||||
20 | danger to the health or safety of other tenants or Authority
| ||||||
21 | employees shall include, but not be limited to, any of the | ||||||
22 | following
activities of the tenant or of any other person on | ||||||
23 | the premises with the
consent of the tenant:
| ||||||
24 | (1) Physical assault or the threat of physical assault.
| ||||||
25 | (2) Illegal use of a firearm or other weapon or the | ||||||
26 | threat to use in
an illegal manner a firearm or other |
| |||||||
| |||||||
1 | weapon.
| ||||||
2 | (3) Possession of a controlled substance by the tenant | ||||||
3 | or any other person
on the premises with the consent of the | ||||||
4 | tenant if the tenant knew or should
have known of the | ||||||
5 | possession by the other person of a controlled
substance, | ||||||
6 | unless the controlled substance was obtained
directly from | ||||||
7 | or pursuant to a valid prescription.
| ||||||
8 | (4) Streetgang membership as defined in the Illinois
| ||||||
9 | Streetgang Terrorism Omnibus Prevention Act.
| ||||||
10 | The management of low-rent public housing projects | ||||||
11 | financed and developed
under the U.S. Housing Act of 1937 shall
| ||||||
12 | be in accordance with that Act.
| ||||||
13 | Nothing contained in this Section or any other Section of | ||||||
14 | this Act shall
be construed as limiting the power of an | ||||||
15 | Authority to vest in a bondholder
or trustee the right, in the | ||||||
16 | event of a default by the Authority, to take
possession and | ||||||
17 | operate a housing project or cause the appointment of a
| ||||||
18 | receiver thereof, free from all restrictions imposed by this | ||||||
19 | Section or any
other Section of this Act.
| ||||||
20 | (Source: P.A. 93-418, eff. 1-1-04; 93-749, eff. 7-15-04.)
| ||||||
21 | (310 ILCS 10/25.01 new) | ||||||
22 | Sec. 25.01. Notification. Before denying an applicant's | ||||||
23 | housing application based, in whole or in part, on a criminal | ||||||
24 | history record permitted under this Act, the Authority shall | ||||||
25 | provide the opportunity for an individual assessment. The |
| |||||||
| |||||||
1 | applicant for housing shall be provided with a clear, written | ||||||
2 | notice that: | ||||||
3 | (1) explains why the Authority has determined that the | ||||||
4 | criminal history report it obtained requires further | ||||||
5 | review, including detailed information on whether the need | ||||||
6 | for further review is based on federal law or on the | ||||||
7 | Authority's determination that the criminal history record | ||||||
8 | of the applicant or other household member indicates a risk | ||||||
9 | to the health, safety, or peaceful enjoyment of housing for | ||||||
10 | other residents; | ||||||
11 | (2) identifies the specific conviction or convictions | ||||||
12 | upon which the Authority relied upon when making its | ||||||
13 | decision to deny the applicant's housing application; | ||||||
14 | (3) explains that the applicant has a right to an | ||||||
15 | individualized criminal records assessment hearing | ||||||
16 | regarding the Authority's decision to deny the applicant's | ||||||
17 | housing application, as set forth in Section 25.02; | ||||||
18 | (4) provides clear instructions on what to expect | ||||||
19 | during an individualized criminal records assessment | ||||||
20 | hearing, as set forth in Section 25.02; | ||||||
21 | (5) explains that if the applicant chooses not to | ||||||
22 | participate in an individualized criminal records | ||||||
23 | assessment hearing, the applicant's application will be | ||||||
24 | denied; and | ||||||
25 | (6) provides a copy of the criminal history report the | ||||||
26 | Authority used to make its determination. |
| |||||||
| |||||||
1 | (310 ILCS 10/25.02 new) | ||||||
2 | Sec. 25.02. Criminal records assessment hearing. | ||||||
3 | (a) An applicant has the right to an individualized | ||||||
4 | criminal records assessment hearing if the applicant's | ||||||
5 | application for housing requires further review because of the | ||||||
6 | applicant's or another household member's criminal history | ||||||
7 | record. The individualized criminal records assessment hearing | ||||||
8 | shall allow the applicant or other household member to: | ||||||
9 | (1) contest the accuracy of the criminal history | ||||||
10 | record; | ||||||
11 | (2) contest the relevance of the criminal history | ||||||
12 | record to the Authority's decision to deny the applicant's | ||||||
13 | application for housing; and | ||||||
14 | (3) provide mitigating evidence concerning the | ||||||
15 | applicant's or other household member's criminal | ||||||
16 | conviction or evidence of rehabilitation. | ||||||
17 | (b) The Authority shall not rent or lease to any other | ||||||
18 | person the available housing unit that is the subject of the | ||||||
19 | applicant's individualized criminal records assessment hearing | ||||||
20 | until after the Authority has issued a final ruling. | ||||||
21 | (c) The Authority shall adopt rules for criminal records | ||||||
22 | assessment hearings in accordance with Article 10 of the | ||||||
23 | Illinois Administrative Procedure Act.
| ||||||
24 | Article 95. |
| |||||||
| |||||||
1 | Section 95-5. The Department of Central Management | ||||||
2 | Services Law of the
Civil Administrative Code of Illinois is | ||||||
3 | amended by adding Section 405-535 as follows: | ||||||
4 | (20 ILCS 405/405-535 new) | ||||||
5 | Sec. 405-535. Race and gender wage reports. | ||||||
6 | (a) Each State agency and public institution of higher | ||||||
7 | education shall annually submit to the Department a report, | ||||||
8 | categorized by both race and gender, specifying the respective | ||||||
9 | wage earnings of employees of that State agency or public | ||||||
10 | institution of higher education. | ||||||
11 | (b) The Department shall compile the information submitted | ||||||
12 | under this Section, and make that information available to the | ||||||
13 | public on the Internet website of the Department. | ||||||
14 | (c) The Department shall annually submit a report of the | ||||||
15 | information compiled under this Section to the Governor, the | ||||||
16 | General Assembly, and the Business Enterprise Council for | ||||||
17 | Minorities, Women, and Persons with Disabilities. | ||||||
18 | (d) As used in this Section: | ||||||
19 | "Public institution of higher education" has the meaning | ||||||
20 | provided in Section 1 of the Board of Higher Education Act. | ||||||
21 | "State agency" has the meaning provided in subsection (b) | ||||||
22 | of Section 405-5. | ||||||
23 | Section 95-10. The Business Enterprise for Minorities, |
| |||||||
| |||||||
1 | Women, and Persons with
Disabilities Act is amended by adding | ||||||
2 | Section 8k as follows: | ||||||
3 | (30 ILCS 575/8k new) | ||||||
4 | Sec. 8k. Race and gender wage report. The Department of | ||||||
5 | Central Management Services shall annually submit a report to | ||||||
6 | the Council, categorized by both race and gender, specifying | ||||||
7 | the respective wage earnings of State employees as compiled | ||||||
8 | under Section 405-535 of the Department of Central Management | ||||||
9 | Law of the Civil Administrative Code of Illinois. | ||||||
10 | Article 100. | ||||||
11 | Section 100-1. Short title. This Act may be cited as the | ||||||
12 | Community Development Loan Guarantee Act. | ||||||
13 | Section 100-5. Policy. The General Assembly finds that it | ||||||
14 | is vital for the State to invest in community economic | ||||||
15 | development, particularly in communities which have been | ||||||
16 | historically excluded from investment opportunities due to | ||||||
17 | redlining, discriminatory banking practices, and racism. The | ||||||
18 | purpose of this Act is to establish a Program for guaranteeing | ||||||
19 | small business loans and consumer loans to borrowers who would | ||||||
20 | otherwise not qualify in communities of color and low-income | ||||||
21 | communities. |
| |||||||
| |||||||
1 | Section 100-10. Definitions. As used in this Act: | ||||||
2 | "Financial institution" means a bank, a savings and loan | ||||||
3 | association, a savings bank, a credit union, a minority | ||||||
4 | depository institution as designated by the Federal Deposit | ||||||
5 | Insurance Corporation, or a community development financial | ||||||
6 | institution certified by the United States Treasury Community | ||||||
7 | Development Financial Institutions Fund, which is operating in | ||||||
8 | the State of Illinois. | ||||||
9 | "Loan Guarantee Account" means an account at a financial | ||||||
10 | institution outside the State Treasury of which the State | ||||||
11 | Treasurer is custodian with the purpose of guaranteeing loans | ||||||
12 | made by a financial institution in accordance with this Act. | ||||||
13 | Section 100-15. Establishment of the Loan Guarantee | ||||||
14 | Program. The State Treasurer may establish at any eligible | ||||||
15 | financial institution a Loan Guarantee Account as a special | ||||||
16 | account outside the State treasury and with the State Treasurer | ||||||
17 | as custodian. This Account may be used to cover the losses on | ||||||
18 | guaranteed loans at the participating financial institution.
| ||||||
19 | Section 100-20. Eligible institutions. The State Treasurer | ||||||
20 | shall determine the eligibility of financial institutions to | ||||||
21 | participate in the Program. In addition to any other | ||||||
22 | requirements of this Act and in accordance with any applicable | ||||||
23 | federal law or program, the State Treasurer in determining | ||||||
24 | eligibility of financial institutions shall consider (i) the |
| |||||||
| |||||||
1 | financial institution's commitment to low-income communities | ||||||
2 | as defined in Section 45D(e) of the Internal Revenue Code of | ||||||
3 | 1986 codified at 26 U.S.C. § 45D(e), and (ii) the financial | ||||||
4 | institution's commitment to communities considered | ||||||
5 | disproportionately impacted areas, depressed areas, or | ||||||
6 | enterprise zones as determined, designated, or certified by the | ||||||
7 | Department of Commerce and Economic Opportunity in accordance | ||||||
8 | with any applicable federal law or program. | ||||||
9 | Section 100-25. Fees. The State Treasurer may establish, as | ||||||
10 | a component of the Program, fees of no more than 5% of the | ||||||
11 | total guaranteed loan amount. The fees shall be deposited into | ||||||
12 | the Loan Guarantee Account. | ||||||
13 | Section 100-30. Use of the Loan Guarantee Account. | ||||||
14 | (a) Moneys in the Account may be used by the participating | ||||||
15 | financial institution to cover losses on guaranteed loans up to | ||||||
16 | the full amount in the Account or the amount of loss, whichever | ||||||
17 | is lesser. The State of Illinois and the State Treasurer shall | ||||||
18 | not be responsible for any losses in excess of the full amount | ||||||
19 | in the Loan Guarantee Account at the financial institution. | ||||||
20 | (b) The State Treasurer may set a cap on the total funds | ||||||
21 | held in any Loan Guarantee Account at any participating | ||||||
22 | financial institution. Funds in excess of the cap may be | ||||||
23 | withdrawn by the Treasurer. | ||||||
24 | (c) The State Treasurer shall withdraw the full amount in |
| |||||||
| |||||||
1 | the Account in the event the Loan Guarantee Program is | ||||||
2 | discontinued, or the financial institution leaves the Program. | ||||||
3 | Section 100-35. Limitations on Funding. The State | ||||||
4 | Treasurer may use up to $10,000,000 of investment earnings each | ||||||
5 | year for the Loan Guarantee Program, provided that no more than | ||||||
6 | $50,000,000 may be used for guaranteeing loans at any given | ||||||
7 | time. | ||||||
8 | Section 100-40. Rules. The State Treasurer shall adopt | ||||||
9 | rules that are necessary and proper to implement and administer | ||||||
10 | this Act including, but not limited to, fees and eligibility. | ||||||
11 | Article 110. | ||||||
12 | Section 110-5. The Deposit of State Moneys Act is amended | ||||||
13 | by changing Section 16.3 as follows:
| ||||||
14 | (15 ILCS 520/16.3)
| ||||||
15 | Sec. 16.3.
Consideration of financial institution's | ||||||
16 | commitment to its
community.
| ||||||
17 | (a) In addition to any other
requirements of this Act, the | ||||||
18 | State Treasurer shall is authorized to consider the
financial
| ||||||
19 | institution's record and current level of financial commitment | ||||||
20 | to its local
community when deciding whether to deposit State | ||||||
21 | funds in that financial
institution. The State Treasurer may |
| |||||||
| |||||||
1 | consider factors including, but not
necessarily limited to:
| ||||||
2 | (1) for financial institutions subject to the federal | ||||||
3 | Community
Reinvestment Act of
1977, the current and | ||||||
4 | historical ratings that the
financial institution has | ||||||
5 | received, to the extent that those ratings are
publicly | ||||||
6 | available, under the federal Community Reinvestment Act of | ||||||
7 | 1977;
| ||||||
8 | (2) any changes in ownership, management, policies, or | ||||||
9 | practices of the
financial
institution that may affect the | ||||||
10 | level of the financial institution's commitment
to its | ||||||
11 | community;
| ||||||
12 | (3) the financial impact that the withdrawal or denial | ||||||
13 | of
deposits of State funds might have on the financial | ||||||
14 | institution; and
| ||||||
15 | (4) the
financial impact to the State as a result of | ||||||
16 | withdrawing State
funds or refusing to deposit additional | ||||||
17 | State funds in the
financial institution ; .
| ||||||
18 | (5) the financial institution's commitment to | ||||||
19 | low-income communities, as defined in Section 45D(e) of the | ||||||
20 | Internal Revenue Code of 1986 codified at 26 U.S.C. § | ||||||
21 | 45D(e); and | ||||||
22 | (6) the financial institution's commitment to | ||||||
23 | communities considered disproportionately impacted areas, | ||||||
24 | depressed areas, or enterprise zones as determined, | ||||||
25 | designated, or certified by the Department of Commerce and | ||||||
26 | Economic Opportunity in accordance with any applicable |
| |||||||
| |||||||
1 | federal law or program. | ||||||
2 | (a-5) Effective January 1, 2022, no State funds may be | ||||||
3 | deposited in a financial institution subject to the federal | ||||||
4 | Community Reinvestment Act of 1977, unless the institution has | ||||||
5 | a current rating of satisfactory or outstanding under the | ||||||
6 | federal Community Reinvestment Act of 1977. | ||||||
7 | (b) Nothing in this Section shall be construed as | ||||||
8 | authorizing the State
Treasurer to conduct an examination or | ||||||
9 | investigation of a financial institution
or to receive | ||||||
10 | information that is not publicly available and the disclosure | ||||||
11 | of
which is otherwise prohibited by law.
| ||||||
12 | (Source: P.A. 93-251, eff. 7-1-04 .)
| ||||||
13 | Section 110-10. The Public Funds Investment Act is amended | ||||||
14 | by changing Section 8 as follows:
| ||||||
15 | (30 ILCS 235/8)
| ||||||
16 | Sec. 8.
Consideration of financial institution's | ||||||
17 | commitment to its
community.
| ||||||
18 | (a) In addition to any
other requirements of this Act, a | ||||||
19 | public agency shall is authorized to consider the
financial | ||||||
20 | institution's record and current level of financial commitment | ||||||
21 | to its
local community when deciding whether to deposit public | ||||||
22 | funds in that
financial institution. The public agency may | ||||||
23 | consider factors including, but
not necessarily limited to:
| ||||||
24 | (1) for financial institutions subject to the federal |
| |||||||
| |||||||
1 | Community
Reinvestment Act of 1977, the current and | ||||||
2 | historical ratings that the
financial institution has | ||||||
3 | received, to the extent that those ratings are
publicly | ||||||
4 | available, under the federal Community Reinvestment Act
of | ||||||
5 | 1977;
| ||||||
6 | (2) any changes in ownership, management, policies, or | ||||||
7 | practices of
the
financial institution that may affect the | ||||||
8 | level of the financial institution's
commitment to its | ||||||
9 | community;
| ||||||
10 | (3) the financial impact that the withdrawal or
denial | ||||||
11 | of deposits of public funds might have on the financial | ||||||
12 | institution;
| ||||||
13 | (4) the financial impact to the public agency as a | ||||||
14 | result of withdrawing
public
funds or refusing to deposit | ||||||
15 | additional public funds in the financial
institution; and
| ||||||
16 | (5) any
additional burden on the resources of the | ||||||
17 | public agency that might result from
ceasing to maintain | ||||||
18 | deposits of public funds at the financial institution under
| ||||||
19 | consideration.
| ||||||
20 | (a-5) Effective January 1, 2022, no public funds may be | ||||||
21 | deposited in a financial institution subject to the federal | ||||||
22 | Community Reinvestment Act of 1977, unless the institution has | ||||||
23 | a current rating of satisfactory or outstanding under the | ||||||
24 | federal Community Reinvestment Act of 1977. | ||||||
25 | (b) Nothing in this Section shall be construed as | ||||||
26 | authorizing the public
agency to conduct an examination or |
| |||||||
| |||||||
1 | investigation of a financial institution or
to receive | ||||||
2 | information that is not publicly available and the disclosure | ||||||
3 | of
which is otherwise prohibited by law.
| ||||||
4 | (Source: P.A. 93-251, eff. 7-1-04 .)
| ||||||
5 | Article 115. | ||||||
6 | Section 115-1. Short title. This Act may be cited as the | ||||||
7 | Commission on Equity and Inclusion Act. | ||||||
8 | Section 115-5. Commission on Equity and Inclusion.
| ||||||
9 | (a) There is hereby created the Commission on Equity and | ||||||
10 | Inclusion, which shall consist of 7 members appointed by the | ||||||
11 | Governor with the advice and consent of the Senate. No more | ||||||
12 | than 4 members shall be of the same political party. The | ||||||
13 | Governor shall designate one member as chairperson, who shall | ||||||
14 | be the chief administrative and executive officer of the | ||||||
15 | Commission, and shall have general supervisory authority over | ||||||
16 | all personnel of the Commission.
| ||||||
17 | (b) Of the members first appointed, 4 shall be appointed | ||||||
18 | for a term to expire on the third Monday of January, 2023, and | ||||||
19 | 3 (including the Chairperson) shall be appointed for a term to | ||||||
20 | expire on the third Monday of January, 2025.
| ||||||
21 | Thereafter, each member shall serve for a term of 4 years | ||||||
22 | and until his or her successor is appointed and qualified; | ||||||
23 | except that any member chosen to fill a vacancy occurring |
| |||||||
| |||||||
1 | otherwise than by expiration of a term shall be appointed only | ||||||
2 | for the unexpired term of the member whom he or she shall | ||||||
3 | succeed and until his or her successor is appointed and | ||||||
4 | qualified.
| ||||||
5 | (c) In case of a vacancy on the Commission during the | ||||||
6 | recess of the Senate, the Governor shall make a temporary | ||||||
7 | appointment until the next meeting of the Senate, when he or | ||||||
8 | she shall appoint a person to fill the vacancy. Any person so | ||||||
9 | nominated who is confirmed by the Senate shall hold office | ||||||
10 | during the remainder of the term and until his or her successor | ||||||
11 | is appointed and qualified. Vacancies in the Commission shall | ||||||
12 | not impair the right of the remaining members to exercise all | ||||||
13 | the powers of the Commission.
| ||||||
14 | (d) The Chairperson of the Commission shall be compensated | ||||||
15 | at the rate of $128,000 per year, or as otherwise set by this | ||||||
16 | Section, during his or her service as Chairperson, and each | ||||||
17 | other member shall be compensated at the rate of $121,856 per | ||||||
18 | year, or as otherwise set by this Section. In addition, all | ||||||
19 | members of the Commission shall be reimbursed for expenses | ||||||
20 | actually and necessarily incurred by them in the performance of | ||||||
21 | their duties.
Members of the Commission are eligible to receive | ||||||
22 | pension under the State Employees' Retirement System of | ||||||
23 | Illinois as provided under Article 14 of the Illinois Pension | ||||||
24 | Code. | ||||||
25 | (e) The budget established for the Commission for any given | ||||||
26 | fiscal year shall be no less than that established for the |
| |||||||
| |||||||
1 | Human Rights Commission for that same fiscal year.
| ||||||
2 | Section 115-10. Powers and duties. In addition to the other | ||||||
3 | powers and duties which may be prescribed in this Act or | ||||||
4 | elsewhere, the Commission shall have the following powers and | ||||||
5 | duties:
| ||||||
6 | (1) The Commission shall have a role in all State and | ||||||
7 | university procurement by facilitating and streamlining | ||||||
8 | communications between the Business Enterprise Council for | ||||||
9 | Minorities, Women, and Persons with Disabilities, the | ||||||
10 | purchasing entities, the Chief Procurement Officers, and | ||||||
11 | others.
| ||||||
12 | (2) The Commission may create a scoring evaluation for | ||||||
13 | State agency directors, public university presidents and | ||||||
14 | chancellors, and public community college presidents. The | ||||||
15 | scoring shall be based on the following 3 principles: (i) | ||||||
16 | increasing capacity; (ii) growing revenue; and (iii) | ||||||
17 | enhancing credentials. These principles should be the | ||||||
18 | foundation of the agency compliance plan required under | ||||||
19 | Section 6 of the Business Enterprise for Minorities, Women, | ||||||
20 | and Persons with Disabilities Act. | ||||||
21 | (3) The Commission shall jointly appoint, with the | ||||||
22 | Executive Ethics Commission, all Chief Procurement | ||||||
23 | Officers as provided under Section 1-15.15 of the Illinois | ||||||
24 | Procurement Code.
| ||||||
25 | (4) The Commission shall exercise the oversight powers |
| |||||||
| |||||||
1 | and duties provided to it under Section 5-7 of the Illinois | ||||||
2 | Procurement Code.
| ||||||
3 | (5) The Commission, working with State agencies, shall | ||||||
4 | provide support for diversity in State hiring.
| ||||||
5 | (6) The Commission shall oversee the implementation of | ||||||
6 | diversity training of the State workforce.
| ||||||
7 | (7) Each January, and as otherwise frequently as may be | ||||||
8 | deemed necessary and appropriate by the Commission, the | ||||||
9 | Commission shall propose and submit to the Governor and the | ||||||
10 | General Assembly legislative changes to increase inclusion | ||||||
11 | and diversity in State government.
| ||||||
12 | (8) The Commission shall have oversight over the | ||||||
13 | following entities:
| ||||||
14 | (A) the Illinois African-American Family | ||||||
15 | Commission;
| ||||||
16 | (B) the Illinois Latino Family Commission;
| ||||||
17 | (C) the Asian American Family Commission;
| ||||||
18 | (D) the Illinois Muslim American Advisory Council;
| ||||||
19 | (E) the Illinois African-American Fair Contracting | ||||||
20 | Commission created under Executive Order 2018-07; and
| ||||||
21 | (F) the Business Enterprise Council
for | ||||||
22 | Minorities, Women, and Persons with Disabilities.
| ||||||
23 | (9) The Commission shall adopt any rules necessary for | ||||||
24 | the implementation and administration of the requirements | ||||||
25 | of this Act.
|
| |||||||
| |||||||
1 | Section 115-100. The Department of Transportation Law of | ||||||
2 | the
Civil Administrative Code of Illinois is amended by adding | ||||||
3 | Section 2705-597 as follows: | ||||||
4 | (20 ILCS 2705/2705-597 new) | ||||||
5 | Sec. 2705-597. Equal Employment Opportunity
Contract | ||||||
6 | Compliance Officers. Notwithstanding any Department policy or | ||||||
7 | rule to the contrary, the Secretary shall have jurisdiction | ||||||
8 | over all Equal Employment Opportunity
Contract Compliance | ||||||
9 | Officers within the Department, or within districts controlled | ||||||
10 | by the Department, and shall be responsible for the evaluation | ||||||
11 | of such officers. | ||||||
12 | Section 115-105. The Illinois African-American Family | ||||||
13 | Commission Act is amended by changing Section 30 and by adding | ||||||
14 | Section 35 as follows: | ||||||
15 | (20 ILCS 3903/30)
| ||||||
16 | Sec. 30. Reporting. The Illinois African-American Family | ||||||
17 | Commission shall annually report to the Governor , and the | ||||||
18 | General Assembly , and the Commission on Equity and Inclusion on | ||||||
19 | the Commission's progress toward its goals and objectives.
| ||||||
20 | (Source: P.A. 93-867, eff. 8-5-04.) | ||||||
21 | (20 ILCS 3903/35 new) | ||||||
22 | Sec. 35. Oversight. Notwithstanding any provision of law |
| |||||||
| |||||||
1 | to the contrary, the Commission on Equity and Inclusion | ||||||
2 | established under the Commission on Equity and Inclusion Act | ||||||
3 | shall have general oversight of the operations of the Illinois | ||||||
4 | African-American Family Commission. | ||||||
5 | Section 115-110. The Asian American Family Commission Act | ||||||
6 | is amended by changing Section 20 and by adding Section 25 as | ||||||
7 | follows: | ||||||
8 | (20 ILCS 3916/20)
| ||||||
9 | Sec. 20. Report. The Asian American Family Commission shall | ||||||
10 | annually report to the Governor , and the General Assembly , and | ||||||
11 | the Commission on Equity and Inclusion on the Commission's | ||||||
12 | progress toward its goals and objectives.
| ||||||
13 | (Source: P.A. 101-392, eff. 1-1-20 .) | ||||||
14 | (20 ILCS 3916/25 new) | ||||||
15 | Sec. 25. Oversight. Notwithstanding any provision of law to | ||||||
16 | the contrary, the Commission on Equity and Inclusion | ||||||
17 | established under the Commission on Equity and Inclusion Act | ||||||
18 | shall have general oversight of the operations of the Asian | ||||||
19 | American Family Commission. | ||||||
20 | Section 115-115. The Illinois Latino Family Commission Act | ||||||
21 | is amended by changing Section 30 and by adding Section 35 as | ||||||
22 | follows: |
| |||||||
| |||||||
1 | (20 ILCS 3983/30)
| ||||||
2 | Sec. 30. Reporting. The Illinois Latino Family Commission | ||||||
3 | shall annually report to the Governor , and the General | ||||||
4 | Assembly , and the Commission on Equity and Inclusion on the | ||||||
5 | Commission's progress towards its goals and objectives.
| ||||||
6 | (Source: P.A. 95-619, eff. 9-14-07.) | ||||||
7 | (20 ILCS 3983/35 new) | ||||||
8 | Sec. 35. Oversight. Notwithstanding any provision of law to | ||||||
9 | the contrary, the Commission on Equity and Inclusion | ||||||
10 | established under the Commission on Equity and Inclusion Act | ||||||
11 | shall have general oversight of the operations of the Illinois | ||||||
12 | Latino Family Commission. | ||||||
13 | Section 115-120. The Illinois Muslim American Advisory | ||||||
14 | Council Act is amended by changing Section 30 and by adding | ||||||
15 | Section 35 as follows: | ||||||
16 | (20 ILCS 5110/30)
| ||||||
17 | Sec. 30. Reports. The Council shall issue semi-annual | ||||||
18 | reports on its policy recommendations by June 30th and December | ||||||
19 | 31st of each year to the Governor , and the General Assembly , | ||||||
20 | and the Commission on Equity and Inclusion .
| ||||||
21 | (Source: P.A. 100-459, eff. 8-25-17.) |
| |||||||
| |||||||
1 | (20 ILCS 5110/35 new) | ||||||
2 | Sec. 35. Oversight. Notwithstanding any provision of law to | ||||||
3 | the contrary, the Commission on Equity and Inclusion | ||||||
4 | established under the Commission on Equity and Inclusion Act | ||||||
5 | shall have general oversight of the operations of the Council. | ||||||
6 | Section 115-125. The Illinois Procurement Code is amended | ||||||
7 | by changing Sections 1-15.15, 1-15.16, 5-7, 5-30, 10-20, 20-10, | ||||||
8 | 20-25, 20-30, 20-60, 35-15, 35-30, 40-20, 50-20, and 50-35 as | ||||||
9 | follows: | ||||||
10 | (30 ILCS 500/1-15.15) | ||||||
11 | Sec. 1-15.15. Chief Procurement Officer. "Chief
| ||||||
12 | Procurement Officer" means any of the 4 persons appointed or | ||||||
13 | approved by a majority of the members of the Executive Ethics | ||||||
14 | Commission and approved by a majority vote of the Commission on | ||||||
15 | Equity and Inclusion : | ||||||
16 | (1) for procurements for construction and | ||||||
17 | construction-related services
committed by law to the | ||||||
18 | jurisdiction or responsibility of the Capital
Development | ||||||
19 | Board, the independent chief procurement officer appointed | ||||||
20 | by a majority of the members of the Executive Ethics | ||||||
21 | Commission and approved by a majority vote of the | ||||||
22 | Commission on Equity and Inclusion . | ||||||
23 | (2) for procurements for all construction, | ||||||
24 | construction-related services,
operation of any facility, |
| |||||||
| |||||||
1 | and the provision of any construction or | ||||||
2 | construction-related service or activity
committed by law | ||||||
3 | to the jurisdiction or responsibility of the Illinois
| ||||||
4 | Department of Transportation, including the direct or | ||||||
5 | reimbursable expenditure
of all federal funds for which the | ||||||
6 | Department of Transportation is responsible
or accountable | ||||||
7 | for the use thereof in accordance with federal law, | ||||||
8 | regulation,
or procedure, the independent chief | ||||||
9 | procurement officer appointed by the Secretary of | ||||||
10 | Transportation with the consent of the majority of the | ||||||
11 | members of the Executive Ethics Commission and approved by | ||||||
12 | a majority vote of the Commission on Equity and Inclusion . | ||||||
13 | (3) for all procurements made by a public institution | ||||||
14 | of higher education, the independent chief procurement | ||||||
15 | officer appointed by a majority of the members of the | ||||||
16 | Executive Ethics Commission and approved by a majority vote | ||||||
17 | of the Commission on Equity and Inclusion . | ||||||
18 | (4) (Blank).
| ||||||
19 | (5) for all other procurements, the independent chief | ||||||
20 | procurement officer appointed by a majority of the members | ||||||
21 | of the Executive Ethics Commission and approved by a | ||||||
22 | majority vote of the Commission on Equity and Inclusion . | ||||||
23 | (Source: P.A. 95-481, eff. 8-28-07; 96-795, eff. 7-1-10 (see | ||||||
24 | Section 5 of P.A. 96-793 for the effective date of changes made | ||||||
25 | by P.A. 96-795); 96-920, eff. 7-1-10.) |
| |||||||
| |||||||
1 | (30 ILCS 500/5-7 new) | ||||||
2 | Sec. 5-7. Commission on Equity and Inclusion; powers and | ||||||
3 | duties. | ||||||
4 | (a) The Commission on Equity and Inclusion, as created | ||||||
5 | under the Commission on Equity and Inclusion Act, shall have | ||||||
6 | the powers and duties provided under this Section with respect | ||||||
7 | to this Code. Nothing in this Section shall be construed as | ||||||
8 | overriding the authority and duties of the Procurement Policy | ||||||
9 | Board as provided under Section 5-5. The powers and duties of | ||||||
10 | the Commission as provided under this Section shall be | ||||||
11 | exercised alongside, but independent of, that of the | ||||||
12 | Procurement Policy Board. | ||||||
13 | (b) The Commission shall have the authority and | ||||||
14 | responsibility to review, comment upon, and recommend, | ||||||
15 | consistent with this Code, rules and practices governing the | ||||||
16 | procurement, management, control, and disposal of supplies, | ||||||
17 | services, professional or artistic services, construction, and | ||||||
18 | real property and capital improvement leases procured by the | ||||||
19 | State. The Commission shall also have the authority to | ||||||
20 | recommend a program for professional development and provide | ||||||
21 | opportunities for training in procurement practices and | ||||||
22 | policies to chief procurement officers and their staffs in | ||||||
23 | order to ensure that all procurement is conducted in an | ||||||
24 | efficient, professional, and appropriately transparent manner. | ||||||
25 | (c) Upon a majority vote of its members, the Commission may | ||||||
26 | review a contract. Upon a three-fifths vote of its members, the |
| |||||||
| |||||||
1 | Commission may propose procurement rules for consideration by | ||||||
2 | chief procurement officers. These proposals shall be published | ||||||
3 | in each volume of the Procurement Bulletin. Except as otherwise | ||||||
4 | provided by law, the Commission shall act upon the vote of a | ||||||
5 | majority of its members who have been appointed and are | ||||||
6 | serving. | ||||||
7 | (d) The Commission may review, study, and hold public | ||||||
8 | hearings concerning the implementation and administration of | ||||||
9 | this Code. Each chief procurement officer, State purchasing | ||||||
10 | officer, procurement compliance monitor, and State agency | ||||||
11 | shall cooperate with the Commission, provide information to the | ||||||
12 | Commission, and be responsive to the Commission in the | ||||||
13 | Commission's conduct of its reviews, studies, and hearings. | ||||||
14 | (e) Upon a three-fifths vote of its members, the Commission | ||||||
15 | shall review a proposal, bid, or contract and issue a | ||||||
16 | recommendation to void a contract or reject a proposal or bid | ||||||
17 | based on any conflict of interest or violation of this Code. A | ||||||
18 | recommendation of the Commission shall be delivered to the | ||||||
19 | appropriate chief procurement officer and Executive Ethics | ||||||
20 | Commission within 7 calendar days and must be published in the | ||||||
21 | next volume of the Procurement Bulletin. The bidder, offeror, | ||||||
22 | potential contractor, contractor, or subcontractor shall have | ||||||
23 | 15 calendar days to provide a written response to the notice, | ||||||
24 | and a hearing before the Commission on the alleged conflict of | ||||||
25 | interest or violation shall be held upon request by the bidder, | ||||||
26 | offeror, potential contractor, contractor, or subcontractor. |
| |||||||
| |||||||
1 | The requested hearing date and time shall be determined by the | ||||||
2 | Commission, but in no event shall the hearing occur later than | ||||||
3 | 15 calendar days after the date of the request. | ||||||
4 | (30 ILCS 500/5-30) | ||||||
5 | Sec. 5-30. Proposed contracts; Procurement Policy Board ; | ||||||
6 | Commission on Equity and Inclusion . | ||||||
7 | (a) Except as provided in subsection (c), within 14 | ||||||
8 | calendar days after notice of the awarding or letting of a | ||||||
9 | contract has appeared in the Procurement Bulletin in accordance | ||||||
10 | with subsection (b) of Section 15-25, the Board or the | ||||||
11 | Commission on Equity and Inclusion may request in writing from | ||||||
12 | the contracting agency and the contracting agency shall | ||||||
13 | promptly, but in no event later than 7 calendar days after | ||||||
14 | receipt of the request, provide to the requesting entity Board , | ||||||
15 | by electronic or other means satisfactory to the requesting | ||||||
16 | entity Board , documentation in the possession of the | ||||||
17 | contracting agency concerning the proposed contract. Nothing | ||||||
18 | in this subsection is intended to waive or abrogate any | ||||||
19 | privilege or right of confidentiality authorized by law. | ||||||
20 | (b) No contract subject to this Section may be entered into | ||||||
21 | until the 14-day period described in subsection (a) has | ||||||
22 | expired, unless the contracting agency requests in writing that | ||||||
23 | the Board and the Commission on Equity and Inclusion waive the | ||||||
24 | period and the Board and the Commission on Equity and Inclusion | ||||||
25 | grant grants the waiver in writing.
|
| |||||||
| |||||||
1 | (c) This Section does not apply to (i) contracts entered | ||||||
2 | into under this Code for small and emergency procurements as | ||||||
3 | those procurements are defined in Article 20 and (ii) contracts | ||||||
4 | for professional and artistic services that are nonrenewable, | ||||||
5 | one year or less in duration, and have a value of less than | ||||||
6 | $20,000. If requested in writing by the Board or the Commission | ||||||
7 | on Equity and Inclusion , however, the contracting agency must | ||||||
8 | promptly, but in no event later than 10 calendar days after | ||||||
9 | receipt of the request, transmit to the Board or the Commission | ||||||
10 | on Equity and Inclusion a copy of the contract for an emergency | ||||||
11 | procurement and documentation in the possession of the | ||||||
12 | contracting agency concerning the contract.
| ||||||
13 | (Source: P.A. 100-43, eff. 8-9-17.) | ||||||
14 | (30 ILCS 500/10-20) | ||||||
15 | Sec. 10-20. Independent chief procurement officers. | ||||||
16 | (a) Appointment. Beginning with appointments made on or | ||||||
17 | after the effective date of this amendatory Act of the 101st | ||||||
18 | General Assembly Within 60 calendar days after the effective | ||||||
19 | date of this amendatory Act of the 96th General Assembly , the | ||||||
20 | Executive Ethics Commission with the majority vote approval of | ||||||
21 | the Commission on Equity and Inclusion , and with the advice and | ||||||
22 | consent of the Senate , shall appoint or approve 4 chief | ||||||
23 | procurement officers, one for each of the following categories: | ||||||
24 | (1) for procurements for construction and | ||||||
25 | construction-related services committed by law to the |
| |||||||
| |||||||
1 | jurisdiction or responsibility of the Capital Development | ||||||
2 | Board; | ||||||
3 | (2) for procurements for all construction, | ||||||
4 | construction-related services, operation of any facility, | ||||||
5 | and the provision of any service or activity committed by | ||||||
6 | law to the jurisdiction or responsibility of the Illinois | ||||||
7 | Department of Transportation, including the direct or | ||||||
8 | reimbursable expenditure of all federal funds for which the | ||||||
9 | Department of Transportation is responsible or accountable | ||||||
10 | for the use thereof in accordance with federal law, | ||||||
11 | regulation, or procedure, the chief procurement officer | ||||||
12 | recommended for approval under this item appointed by the | ||||||
13 | Secretary of Transportation after consent by the Executive | ||||||
14 | Ethics Commission and the Commission on Equity and | ||||||
15 | Inclusion ; | ||||||
16 | (3) for all procurements made by a public institution | ||||||
17 | of higher education; and | ||||||
18 | (4) for all other procurement needs of State agencies. | ||||||
19 | A chief procurement officer shall be responsible to the | ||||||
20 | Executive Ethics Commission and the Commission on Equity and | ||||||
21 | Inclusion but must be located within the agency that the | ||||||
22 | officer provides with procurement services. The chief | ||||||
23 | procurement officer for higher education shall have an office | ||||||
24 | located within the Board of Higher Education, unless otherwise | ||||||
25 | designated by the Executive Ethics Commission and the | ||||||
26 | Commission on Equity and Inclusion . The chief procurement |
| |||||||
| |||||||
1 | officer for all other procurement needs of the State shall have | ||||||
2 | an office located within the Department of Central Management | ||||||
3 | Services, unless otherwise designated by the Executive Ethics | ||||||
4 | Commission and the Commission on Equity and Inclusion . | ||||||
5 | (b) Terms and independence. Each chief procurement officer | ||||||
6 | appointed under this Section shall serve for a term of 5 years | ||||||
7 | beginning on the date of the officer's appointment. The chief | ||||||
8 | procurement officer may be removed for cause after a hearing by | ||||||
9 | the Executive Ethics Commission and the Commission on Equity | ||||||
10 | and Inclusion . The Governor or the director of a State agency | ||||||
11 | directly responsible to the Governor may institute a complaint | ||||||
12 | against the officer by filing such complaint with the | ||||||
13 | Commission. The Commission shall have a hearing based on the | ||||||
14 | complaint. The officer and the complainant shall receive | ||||||
15 | reasonable notice of the hearing and shall be permitted to | ||||||
16 | present their respective arguments on the complaint. After the | ||||||
17 | hearing, the Commission shall make a finding on the complaint | ||||||
18 | and may take disciplinary action, including but not limited to | ||||||
19 | removal of the officer. | ||||||
20 | The salary of a chief procurement officer shall be | ||||||
21 | established by the Executive Ethics Commission and the | ||||||
22 | Commission on Equity and Inclusion and may not be diminished | ||||||
23 | during the officer's term. The salary may not exceed the salary | ||||||
24 | of the director of a State agency for which the officer serves | ||||||
25 | as chief procurement officer. | ||||||
26 | (c) Qualifications. In addition to any other requirement or |
| |||||||
| |||||||
1 | qualification required by State law, each chief procurement | ||||||
2 | officer must within 12 months of employment be a Certified | ||||||
3 | Professional Public Buyer or a Certified Public Purchasing | ||||||
4 | Officer, pursuant to certification by the Universal Public | ||||||
5 | Purchasing Certification Council, and must reside in Illinois. | ||||||
6 | (d) Fiduciary duty. Each chief procurement officer owes a | ||||||
7 | fiduciary duty to the State. | ||||||
8 | (e) Vacancy. In case of a vacancy in one or more of the | ||||||
9 | offices of a chief procurement officer under this Section | ||||||
10 | during the recess of the Senate, the Executive Ethics | ||||||
11 | Commission , with the approval of the Commission on Equity and | ||||||
12 | Inclusion, shall make a temporary appointment until the next | ||||||
13 | meeting of the Senate, when the Executive Ethics Commission , | ||||||
14 | with the approval of the Commission on Equity and Inclusion, | ||||||
15 | shall nominate some person to fill the office, and any person | ||||||
16 | so nominated who is confirmed by the Senate shall hold office | ||||||
17 | during the remainder of the term and until his or her successor | ||||||
18 | is appointed and qualified. If the Senate is not in session at | ||||||
19 | the time this amendatory Act of the 96th General Assembly takes | ||||||
20 | effect, the Executive Ethics Commission shall make a temporary | ||||||
21 | appointment as in the case of a vacancy. | ||||||
22 | (f) (Blank). | ||||||
23 | (g) (Blank). | ||||||
24 | (Source: P.A. 98-1076, eff. 1-1-15 .)
| ||||||
25 | (30 ILCS 500/20-10)
|
| |||||||
| |||||||
1 | (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, | ||||||
2 | 98-1076, 99-906, 100-43, and 101-31) | ||||||
3 | Sec. 20-10. Competitive sealed bidding; reverse auction.
| ||||||
4 | (a) Conditions for use. All contracts shall be awarded by
| ||||||
5 | competitive sealed bidding
except as otherwise provided in | ||||||
6 | Section 20-5.
| ||||||
7 | (b) Invitation for bids. An invitation for bids shall be
| ||||||
8 | issued and shall include a
purchase description and the | ||||||
9 | material contractual terms and
conditions applicable to the
| ||||||
10 | procurement.
| ||||||
11 | (c) Public notice. Public notice of the invitation for bids | ||||||
12 | shall be
published in the Illinois Procurement Bulletin at | ||||||
13 | least 14 calendar days before the date
set in the invitation | ||||||
14 | for the opening of bids.
| ||||||
15 | (d) Bid opening. Bids shall be opened publicly or through | ||||||
16 | an electronic procurement system in the
presence of one or more | ||||||
17 | witnesses
at the time and place designated in the invitation | ||||||
18 | for bids. The
name of each bidder, including earned and applied | ||||||
19 | bid credit from the Illinois Works Jobs Program Act, the amount
| ||||||
20 | of each bid, and other relevant information as may be specified | ||||||
21 | by
rule shall be
recorded. After the award of the contract, the | ||||||
22 | winning bid and the
record of each unsuccessful bid shall be | ||||||
23 | open to
public inspection.
| ||||||
24 | (e) Bid acceptance and bid evaluation. Bids shall be
| ||||||
25 | unconditionally accepted without
alteration or correction, | ||||||
26 | except as authorized in this Code. Bids
shall be evaluated |
| |||||||
| |||||||
1 | based on the
requirements set forth in the invitation for bids, | ||||||
2 | which may
include criteria to determine
acceptability such as | ||||||
3 | inspection, testing, quality, workmanship,
delivery, and | ||||||
4 | suitability for a
particular purpose. Those criteria that will | ||||||
5 | affect the bid price and be considered in evaluation
for award, | ||||||
6 | such as discounts, transportation costs, and total or
life | ||||||
7 | cycle costs, shall be
objectively measurable. The invitation | ||||||
8 | for bids shall set forth
the evaluation criteria to be used.
| ||||||
9 | (f) Correction or withdrawal of bids. Correction or
| ||||||
10 | withdrawal of inadvertently
erroneous bids before or after | ||||||
11 | award, or cancellation of awards of
contracts based on bid
| ||||||
12 | mistakes, shall be permitted in accordance with rules.
After | ||||||
13 | bid opening, no
changes in bid prices or other provisions of | ||||||
14 | bids prejudicial to
the interest of the State or fair
| ||||||
15 | competition shall be permitted. All decisions to permit the
| ||||||
16 | correction or withdrawal of bids
based on bid mistakes shall be | ||||||
17 | supported by written determination
made by a State purchasing | ||||||
18 | officer.
| ||||||
19 | (g) Award. The contract shall be awarded with reasonable
| ||||||
20 | promptness by written notice
to the lowest responsible and | ||||||
21 | responsive bidder whose bid meets
the requirements and criteria
| ||||||
22 | set forth in the invitation for bids, except when a State | ||||||
23 | purchasing officer
determines it is not in the best interest of | ||||||
24 | the State and by written
explanation determines another bidder | ||||||
25 | shall receive the award. The explanation
shall appear in the | ||||||
26 | appropriate volume of the Illinois Procurement Bulletin. The |
| |||||||
| |||||||
1 | written explanation must include:
| ||||||
2 | (1) a description of the agency's needs; | ||||||
3 | (2) a determination that the anticipated cost will be | ||||||
4 | fair and reasonable; | ||||||
5 | (3) a listing of all responsible and responsive | ||||||
6 | bidders; and | ||||||
7 | (4) the name of the bidder selected, the total contract | ||||||
8 | price, and the reasons for selecting that bidder. | ||||||
9 | Each chief procurement officer may adopt guidelines to | ||||||
10 | implement the requirements of this subsection (g). | ||||||
11 | The written explanation shall be filed with the Legislative | ||||||
12 | Audit Commission , and the Commission on Equity and Inclusion, | ||||||
13 | and the Procurement Policy Board, and be made available for | ||||||
14 | inspection by the public, within 30 calendar days after the | ||||||
15 | agency's decision to award the contract. | ||||||
16 | (h) Multi-step sealed bidding. When it is considered
| ||||||
17 | impracticable to initially prepare
a purchase description to | ||||||
18 | support an award based on price, an
invitation for bids may be | ||||||
19 | issued
requesting the submission of unpriced offers to be | ||||||
20 | followed by an
invitation for bids limited to
those bidders | ||||||
21 | whose offers have been qualified under the criteria
set forth | ||||||
22 | in the first solicitation.
| ||||||
23 | (i) Alternative procedures. Notwithstanding any other | ||||||
24 | provision of this Act to the contrary, the Director of the | ||||||
25 | Illinois Power Agency may create alternative bidding | ||||||
26 | procedures to be used in procuring professional services under |
| |||||||
| |||||||
1 | Section 1-56, subsections (a) and (c) of Section 1-75 and | ||||||
2 | subsection (d) of Section 1-78 of the Illinois Power Agency Act | ||||||
3 | and Section 16-111.5(c) of the Public Utilities Act and to | ||||||
4 | procure renewable energy resources under Section 1-56 of the | ||||||
5 | Illinois Power Agency Act. These alternative procedures shall | ||||||
6 | be set forth together with the other criteria contained in the | ||||||
7 | invitation for bids, and shall appear in the appropriate volume | ||||||
8 | of the Illinois Procurement Bulletin.
| ||||||
9 | (j) Reverse auction. Notwithstanding any other provision | ||||||
10 | of this Section and in accordance with rules adopted by the | ||||||
11 | chief procurement officer, that chief procurement officer may | ||||||
12 | procure supplies or services through a competitive electronic | ||||||
13 | auction bidding process after the chief procurement officer | ||||||
14 | determines that the use of such a process will be in the best | ||||||
15 | interest of the State. The chief procurement officer shall | ||||||
16 | publish that determination in his or her next volume of the | ||||||
17 | Illinois Procurement Bulletin. | ||||||
18 | An invitation for bids shall be issued and shall include | ||||||
19 | (i) a procurement description, (ii) all contractual terms, | ||||||
20 | whenever practical, and (iii) conditions applicable to the | ||||||
21 | procurement, including a notice that bids will be received in | ||||||
22 | an electronic auction manner. | ||||||
23 | Public notice of the invitation for bids shall be given in | ||||||
24 | the same manner as provided in subsection (c). | ||||||
25 | Bids shall be accepted electronically at the time and in | ||||||
26 | the manner designated in the invitation for bids. During the |
| |||||||
| |||||||
1 | auction, a bidder's price shall be disclosed to other bidders. | ||||||
2 | Bidders shall have the opportunity to reduce their bid prices | ||||||
3 | during the auction. At the conclusion of the auction, the | ||||||
4 | record of the bid prices received and the name of each bidder | ||||||
5 | shall be open to public inspection. | ||||||
6 | After the auction period has terminated, withdrawal of bids | ||||||
7 | shall be permitted as provided in subsection (f). | ||||||
8 | The contract shall be awarded within 60 calendar days after | ||||||
9 | the auction by written notice to the lowest responsible bidder, | ||||||
10 | or all bids shall be rejected except as otherwise provided in | ||||||
11 | this Code. Extensions of the date for the award may be made by | ||||||
12 | mutual written consent of the State purchasing officer and the | ||||||
13 | lowest responsible bidder. | ||||||
14 | This subsection does not apply to (i) procurements of | ||||||
15 | professional and artistic services, (ii) telecommunications | ||||||
16 | services, communication services, and information services, | ||||||
17 | and (iii) contracts for construction projects, including | ||||||
18 | design professional services. | ||||||
19 | (Source: P.A. 100-43, eff. 8-9-17; 101-31, eff. 6-28-19.)
| ||||||
20 | (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, | ||||||
21 | 98-1076, 99-906, 100-43, and 101-31)
| ||||||
22 | Sec. 20-10. Competitive sealed bidding; reverse auction.
| ||||||
23 | (a) Conditions for use. All contracts shall be awarded by
| ||||||
24 | competitive sealed bidding
except as otherwise provided in | ||||||
25 | Section 20-5.
|
| |||||||
| |||||||
1 | (b) Invitation for bids. An invitation for bids shall be
| ||||||
2 | issued and shall include a
purchase description and the | ||||||
3 | material contractual terms and
conditions applicable to the
| ||||||
4 | procurement.
| ||||||
5 | (c) Public notice. Public notice of the invitation for bids | ||||||
6 | shall be
published in the Illinois Procurement Bulletin at | ||||||
7 | least 14 calendar days before the date
set in the invitation | ||||||
8 | for the opening of bids.
| ||||||
9 | (d) Bid opening. Bids shall be opened publicly or through | ||||||
10 | an electronic procurement system in the
presence of one or more | ||||||
11 | witnesses
at the time and place designated in the invitation | ||||||
12 | for bids. The
name of each bidder, including earned and applied | ||||||
13 | bid credit from the Illinois Works Jobs Program Act, the amount
| ||||||
14 | of each bid, and other relevant information as may be specified | ||||||
15 | by
rule shall be
recorded. After the award of the contract, the | ||||||
16 | winning bid and the
record of each unsuccessful bid shall be | ||||||
17 | open to
public inspection.
| ||||||
18 | (e) Bid acceptance and bid evaluation. Bids shall be
| ||||||
19 | unconditionally accepted without
alteration or correction, | ||||||
20 | except as authorized in this Code. Bids
shall be evaluated | ||||||
21 | based on the
requirements set forth in the invitation for bids, | ||||||
22 | which may
include criteria to determine
acceptability such as | ||||||
23 | inspection, testing, quality, workmanship,
delivery, and | ||||||
24 | suitability for a
particular purpose. Those criteria that will | ||||||
25 | affect the bid price and be considered in evaluation
for award, | ||||||
26 | such as discounts, transportation costs, and total or
life |
| |||||||
| |||||||
1 | cycle costs, shall be
objectively measurable. The invitation | ||||||
2 | for bids shall set forth
the evaluation criteria to be used.
| ||||||
3 | (f) Correction or withdrawal of bids. Correction or
| ||||||
4 | withdrawal of inadvertently
erroneous bids before or after | ||||||
5 | award, or cancellation of awards of
contracts based on bid
| ||||||
6 | mistakes, shall be permitted in accordance with rules.
After | ||||||
7 | bid opening, no
changes in bid prices or other provisions of | ||||||
8 | bids prejudicial to
the interest of the State or fair
| ||||||
9 | competition shall be permitted. All decisions to permit the
| ||||||
10 | correction or withdrawal of bids
based on bid mistakes shall be | ||||||
11 | supported by written determination
made by a State purchasing | ||||||
12 | officer.
| ||||||
13 | (g) Award. The contract shall be awarded with reasonable
| ||||||
14 | promptness by written notice
to the lowest responsible and | ||||||
15 | responsive bidder whose bid meets
the requirements and criteria
| ||||||
16 | set forth in the invitation for bids, except when a State | ||||||
17 | purchasing officer
determines it is not in the best interest of | ||||||
18 | the State and by written
explanation determines another bidder | ||||||
19 | shall receive the award. The explanation
shall appear in the | ||||||
20 | appropriate volume of the Illinois Procurement Bulletin. The | ||||||
21 | written explanation must include:
| ||||||
22 | (1) a description of the agency's needs; | ||||||
23 | (2) a determination that the anticipated cost will be | ||||||
24 | fair and reasonable; | ||||||
25 | (3) a listing of all responsible and responsive | ||||||
26 | bidders; and |
| |||||||
| |||||||
1 | (4) the name of the bidder selected, the total contract | ||||||
2 | price, and the reasons for selecting that bidder. | ||||||
3 | Each chief procurement officer may adopt guidelines to | ||||||
4 | implement the requirements of this subsection (g). | ||||||
5 | The written explanation shall be filed with the Legislative | ||||||
6 | Audit Commission , and the Commission on Equity and Inclusion, | ||||||
7 | and the Procurement Policy Board, and be made available for | ||||||
8 | inspection by the public, within 30 days after the agency's | ||||||
9 | decision to award the contract. | ||||||
10 | (h) Multi-step sealed bidding. When it is considered
| ||||||
11 | impracticable to initially prepare
a purchase description to | ||||||
12 | support an award based on price, an
invitation for bids may be | ||||||
13 | issued
requesting the submission of unpriced offers to be | ||||||
14 | followed by an
invitation for bids limited to
those bidders | ||||||
15 | whose offers have been qualified under the criteria
set forth | ||||||
16 | in the first solicitation.
| ||||||
17 | (i) Alternative procedures. Notwithstanding any other | ||||||
18 | provision of this Act to the contrary, the Director of the | ||||||
19 | Illinois Power Agency may create alternative bidding | ||||||
20 | procedures to be used in procuring professional services under | ||||||
21 | subsections (a) and (c) of Section 1-75 and subsection (d) of | ||||||
22 | Section 1-78 of the Illinois Power Agency Act and Section | ||||||
23 | 16-111.5(c) of the Public Utilities Act and to procure | ||||||
24 | renewable energy resources under Section 1-56 of the Illinois | ||||||
25 | Power Agency Act. These alternative procedures shall be set | ||||||
26 | forth together with the other criteria contained in the |
| |||||||
| |||||||
1 | invitation for bids, and shall appear in the appropriate volume | ||||||
2 | of the Illinois Procurement Bulletin.
| ||||||
3 | (j) Reverse auction. Notwithstanding any other provision | ||||||
4 | of this Section and in accordance with rules adopted by the | ||||||
5 | chief procurement officer, that chief procurement officer may | ||||||
6 | procure supplies or services through a competitive electronic | ||||||
7 | auction bidding process after the chief procurement officer | ||||||
8 | determines that the use of such a process will be in the best | ||||||
9 | interest of the State. The chief procurement officer shall | ||||||
10 | publish that determination in his or her next volume of the | ||||||
11 | Illinois Procurement Bulletin. | ||||||
12 | An invitation for bids shall be issued and shall include | ||||||
13 | (i) a procurement description, (ii) all contractual terms, | ||||||
14 | whenever practical, and (iii) conditions applicable to the | ||||||
15 | procurement, including a notice that bids will be received in | ||||||
16 | an electronic auction manner. | ||||||
17 | Public notice of the invitation for bids shall be given in | ||||||
18 | the same manner as provided in subsection (c). | ||||||
19 | Bids shall be accepted electronically at the time and in | ||||||
20 | the manner designated in the invitation for bids. During the | ||||||
21 | auction, a bidder's price shall be disclosed to other bidders. | ||||||
22 | Bidders shall have the opportunity to reduce their bid prices | ||||||
23 | during the auction. At the conclusion of the auction, the | ||||||
24 | record of the bid prices received and the name of each bidder | ||||||
25 | shall be open to public inspection. | ||||||
26 | After the auction period has terminated, withdrawal of bids |
| |||||||
| |||||||
1 | shall be permitted as provided in subsection (f). | ||||||
2 | The contract shall be awarded within 60 calendar days after | ||||||
3 | the auction by written notice to the lowest responsible bidder, | ||||||
4 | or all bids shall be rejected except as otherwise provided in | ||||||
5 | this Code. Extensions of the date for the award may be made by | ||||||
6 | mutual written consent of the State purchasing officer and the | ||||||
7 | lowest responsible bidder. | ||||||
8 | This subsection does not apply to (i) procurements of | ||||||
9 | professional and artistic services, (ii) telecommunications | ||||||
10 | services, communication services, and information services,
| ||||||
11 | and (iii) contracts for construction projects, including | ||||||
12 | design professional services. | ||||||
13 | (Source: P.A. 100-43, eff. 8-9-17; 101-31, eff. 6-28-19.)
| ||||||
14 | (30 ILCS 500/20-25)
| ||||||
15 | Sec. 20-25. Sole source procurements. | ||||||
16 | (a) In accordance with
standards set by rule,
contracts may | ||||||
17 | be awarded without use of the specified
method of source | ||||||
18 | selection when
there is only one economically feasible source | ||||||
19 | for the item. A State contract may be awarded as a sole source | ||||||
20 | contract unless an interested party submits a written request | ||||||
21 | for a public hearing at which the chief procurement officer and | ||||||
22 | purchasing agency present written justification for the | ||||||
23 | procurement method. Any interested party may present | ||||||
24 | testimony. A sole source contract where a hearing was requested | ||||||
25 | by an interested party may be awarded after the hearing is |
| |||||||
| |||||||
1 | conducted with the approval of the chief procurement officer. | ||||||
2 | (b) This Section may not be used as a basis for amending a | ||||||
3 | contract for professional or artistic services if the amendment | ||||||
4 | would result in an increase in the amount paid under the | ||||||
5 | contract of more than 5% of the initial award, or would extend | ||||||
6 | the contract term beyond the time reasonably needed for a | ||||||
7 | competitive procurement, not to exceed 2 months. | ||||||
8 | (c) Notice of intent to enter into a sole source contract | ||||||
9 | shall be provided to the Procurement Policy Board and the | ||||||
10 | Commission on Equity and Inclusion, and published in the online | ||||||
11 | electronic Bulletin at least 14 calendar days before the public | ||||||
12 | hearing required in subsection (a). The notice shall include | ||||||
13 | the sole source procurement justification form prescribed by | ||||||
14 | the Board, a description of the item to be procured, the | ||||||
15 | intended sole source contractor, and the date, time, and | ||||||
16 | location of the public hearing. A copy of the notice and all | ||||||
17 | documents provided at the hearing shall be included in the | ||||||
18 | subsequent Procurement Bulletin.
| ||||||
19 | (d) By August 1 each year, each chief procurement officer | ||||||
20 | shall file a report with the General Assembly identifying each | ||||||
21 | contract the officer sought under the sole source procurement | ||||||
22 | method and providing the justification given for seeking sole | ||||||
23 | source as the procurement method for each of those contracts. | ||||||
24 | (Source: P.A. 100-43, eff. 8-9-17.)
| ||||||
25 | (30 ILCS 500/20-30)
|
| |||||||
| |||||||
1 | Sec. 20-30. Emergency purchases.
| ||||||
2 | (a) Conditions for use. In accordance with standards set by
| ||||||
3 | rule, a purchasing
agency may make emergency procurements | ||||||
4 | without competitive sealed
bidding or prior notice
when there | ||||||
5 | exists a threat to public health or public safety, or
when | ||||||
6 | immediate expenditure is
necessary for repairs to State | ||||||
7 | property in order to protect
against further loss of or damage | ||||||
8 | to
State property, to prevent or minimize serious disruption in | ||||||
9 | critical State
services that affect health, safety, or | ||||||
10 | collection of substantial State revenues, or to ensure the
| ||||||
11 | integrity of State records; provided, however, that the term of | ||||||
12 | the emergency purchase shall be limited to the time reasonably | ||||||
13 | needed for a competitive procurement, not to exceed 90 calendar | ||||||
14 | days. A contract may be extended beyond 90 calendar days if the | ||||||
15 | chief procurement officer determines additional time is | ||||||
16 | necessary and that the contract scope and duration are limited | ||||||
17 | to the emergency. Prior to execution of the extension, the | ||||||
18 | chief procurement officer must hold a public hearing and | ||||||
19 | provide written justification for all emergency contracts. | ||||||
20 | Members of the public may present testimony. Emergency | ||||||
21 | procurements shall be made
with as much competition
as is | ||||||
22 | practicable under the circumstances , and shall include best | ||||||
23 | efforts to include contractors certified under the Business | ||||||
24 | Enterprise Program .
A written
description of the basis for the | ||||||
25 | emergency and reasons for the
selection of the particular
| ||||||
26 | contractor shall be included in the contract file.
|
| |||||||
| |||||||
1 | (b) Notice. Notice of all emergency procurements shall be | ||||||
2 | provided to the Procurement Policy Board and the Commission on | ||||||
3 | Equity and Inclusion, and published in the online electronic | ||||||
4 | Bulletin no later than 5 calendar days after the contract is | ||||||
5 | awarded. Notice of intent to extend an emergency contract shall | ||||||
6 | be provided to the Procurement Policy Board and the Commission | ||||||
7 | on Equity and Inclusion, and published in the online electronic | ||||||
8 | Bulletin at least 14 calendar days before the public hearing. | ||||||
9 | Notice shall include at least a description of the need for the | ||||||
10 | emergency purchase, the contractor, and if applicable, the | ||||||
11 | date, time, and location of the public hearing. A copy of this | ||||||
12 | notice and all documents provided at the hearing shall be | ||||||
13 | included in the subsequent Procurement Bulletin. Before the | ||||||
14 | next appropriate volume of the Illinois Procurement
Bulletin, | ||||||
15 | the purchasing agency shall publish in the
Illinois Procurement | ||||||
16 | Bulletin a copy of each written description
and reasons and the | ||||||
17 | total cost
of each emergency procurement made during the | ||||||
18 | previous month.
When only an estimate of the
total cost is | ||||||
19 | known at the time of publication, the estimate shall
be | ||||||
20 | identified as an estimate and
published. When the actual total | ||||||
21 | cost is determined, it shall
also be published in like manner
| ||||||
22 | before the 10th day of the next succeeding month.
| ||||||
23 | (c) Statements. A chief procurement officer making a | ||||||
24 | procurement
under this Section shall file statements
with the | ||||||
25 | Procurement Policy Board , the Commission on Equity and | ||||||
26 | Inclusion, and the Auditor General within
10 calendar days
|
| |||||||
| |||||||
1 | after the procurement setting
forth the amount expended, the | ||||||
2 | name of the contractor involved,
and the conditions and
| ||||||
3 | circumstances requiring the emergency procurement. When only | ||||||
4 | an
estimate of the cost is
available within 10 calendar days | ||||||
5 | after the procurement, the actual cost
shall be reported | ||||||
6 | immediately
after it is determined. At the end of each fiscal | ||||||
7 | quarter, the
Auditor General shall file with the
Legislative | ||||||
8 | Audit Commission and the Governor a complete listing
of all | ||||||
9 | emergency
procurements reported during that fiscal quarter. | ||||||
10 | The Legislative
Audit Commission shall
review the emergency | ||||||
11 | procurements so reported and, in its annual
reports, advise the | ||||||
12 | General
Assembly of procurements that appear to constitute an | ||||||
13 | abuse of
this Section.
| ||||||
14 | (d) Quick purchases. The chief procurement officer may | ||||||
15 | promulgate rules
extending the circumstances by which a | ||||||
16 | purchasing agency may make purchases
under this Section, | ||||||
17 | including but not limited to the procurement of items
available | ||||||
18 | at a discount for a limited period of time. The chief | ||||||
19 | procurement officer shall adopt rules regarding good faith and | ||||||
20 | best efforts from contractors and companies certified under the | ||||||
21 | Business Enterprise Program.
| ||||||
22 | (e) The changes to this Section made by this amendatory Act | ||||||
23 | of the 96th General Assembly apply to procurements executed on | ||||||
24 | or after its effective date.
| ||||||
25 | (Source: P.A. 100-43, eff. 8-9-17.)
|
| |||||||
| |||||||
1 | (30 ILCS 500/20-60) | ||||||
2 | Sec. 20-60. Duration of contracts. | ||||||
3 | (a) Maximum duration. A contract may be entered into for
| ||||||
4 | any period of time deemed
to be in the best interests of the | ||||||
5 | State but not
exceeding 10 years inclusive, beginning January | ||||||
6 | 1, 2010, of proposed contract renewals. Third parties may lease | ||||||
7 | State-owned dark fiber networks for any period of time deemed | ||||||
8 | to be in the best interest of the State, but not exceeding 20 | ||||||
9 | years. The length of
a lease for real property or capital | ||||||
10 | improvements shall be in
accordance with the provisions of
| ||||||
11 | Section 40-25. The length of energy conservation program | ||||||
12 | contracts or energy savings contracts or leases shall be in | ||||||
13 | accordance with the provisions of Section 25-45. A contract for | ||||||
14 | bond or mortgage insurance awarded by the Illinois Housing | ||||||
15 | Development Authority, however, may be entered into for any | ||||||
16 | period of time less than or equal to the maximum period of time | ||||||
17 | that the subject bond or mortgage may remain outstanding.
| ||||||
18 | (b) Subject to appropriation. All contracts made or entered
| ||||||
19 | into shall recite that they are
subject to termination and | ||||||
20 | cancellation in any year for which the
General Assembly fails | ||||||
21 | to make
an appropriation to make payments under the terms of | ||||||
22 | the contract. | ||||||
23 | (c) The chief procurement officer shall file a proposed | ||||||
24 | extension or renewal of a contract with the Procurement Policy | ||||||
25 | Board and the Commission on Equity and Inclusion prior to | ||||||
26 | entering into any extension or renewal if the cost associated |
| |||||||
| |||||||
1 | with the extension or renewal exceeds $249,999. The Procurement | ||||||
2 | Policy Board or the Commission on Equity and Inclusion may | ||||||
3 | object to the proposed extension or renewal within 30 calendar | ||||||
4 | days and require a hearing before the Board or the Commission | ||||||
5 | on Equity and Inclusion prior to entering into the extension or | ||||||
6 | renewal. If the Procurement Policy Board or the Commission on | ||||||
7 | Equity and Inclusion does not object within 30 calendar days or | ||||||
8 | takes affirmative action to recommend the extension or renewal, | ||||||
9 | the chief procurement officer may enter into the extension or | ||||||
10 | renewal of a contract. This subsection does not apply to any | ||||||
11 | emergency procurement, any procurement under Article 40, or any | ||||||
12 | procurement exempted by Section 1-10(b) of this Code. If any | ||||||
13 | State agency contract is paid for in whole or in part with | ||||||
14 | federal-aid funds, grants, or loans and the provisions of this | ||||||
15 | subsection would result in the loss of those federal-aid funds, | ||||||
16 | grants, or loans, then the contract is exempt from the | ||||||
17 | provisions of this subsection in order to remain eligible for | ||||||
18 | those federal-aid funds, grants, or loans, and the State agency | ||||||
19 | shall file notice of this exemption with the Procurement Policy | ||||||
20 | Board or the Commission on Equity and Inclusion prior to | ||||||
21 | entering into the proposed extension or renewal. Nothing in | ||||||
22 | this subsection permits a chief procurement officer to enter | ||||||
23 | into an extension or renewal in violation of subsection (a). By | ||||||
24 | August 1 each year, the Procurement Policy Board and the | ||||||
25 | Commission on Equity and Inclusion shall each shall file a | ||||||
26 | report with the General Assembly identifying for the previous |
| |||||||
| |||||||
1 | fiscal year (i) the proposed extensions or renewals that were | ||||||
2 | filed and whether such extensions and renewals were objected to | ||||||
3 | with the Board and whether the Board objected and (ii) the | ||||||
4 | contracts exempt from this subsection. | ||||||
5 | (d) Notwithstanding the provisions of subsection (a) of | ||||||
6 | this Section, the Department of Innovation and Technology may | ||||||
7 | enter into leases for dark fiber networks for any period of | ||||||
8 | time deemed to be in the best interests of the State but not | ||||||
9 | exceeding 20 years inclusive. The Department of Innovation and | ||||||
10 | Technology may lease dark fiber networks from third parties | ||||||
11 | only for the primary purpose of providing services (i) to the | ||||||
12 | offices of Governor, Lieutenant Governor, Attorney General, | ||||||
13 | Secretary of State, Comptroller, or Treasurer and State | ||||||
14 | agencies, as defined under Section 5-15 of the Civil | ||||||
15 | Administrative Code of Illinois or (ii) for anchor | ||||||
16 | institutions, as defined in Section 7 of the Illinois Century | ||||||
17 | Network Act. Dark fiber network lease contracts shall be | ||||||
18 | subject to all other provisions of this Code and any applicable | ||||||
19 | rules or requirements, including, but not limited to, | ||||||
20 | publication of lease solicitations, use of standard State | ||||||
21 | contracting terms and conditions, and approval of vendor | ||||||
22 | certifications and financial disclosures. | ||||||
23 | (e) As used in this Section, "dark fiber network" means a | ||||||
24 | network of fiber optic cables laid but currently unused by a | ||||||
25 | third party that the third party is leasing for use as network | ||||||
26 | infrastructure. |
| |||||||
| |||||||
1 | (Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18; | ||||||
2 | 101-81, eff. 7-12-19.) | ||||||
3 | (30 ILCS 500/35-15) | ||||||
4 | Sec. 35-15. Prequalification. | ||||||
5 | (a) The chief procurement officer for matters other than | ||||||
6 | construction and the higher education
chief procurement | ||||||
7 | officer shall each develop appropriate
and reasonable | ||||||
8 | prequalification standards and categories of professional and
| ||||||
9 | artistic services. | ||||||
10 | (b) The prequalifications and categorizations shall be | ||||||
11 | submitted to the
Procurement Policy Board and the Commission on | ||||||
12 | Equity and Inclusion, and published for public comment prior to | ||||||
13 | their
submission to the Joint Committee on Administrative Rules | ||||||
14 | for approval. | ||||||
15 | (c) The chief procurement officer for matters other than | ||||||
16 | construction and the higher education
chief procurement | ||||||
17 | officer shall each also assemble and
maintain a comprehensive | ||||||
18 | list of prequalified and categorized businesses and
persons. | ||||||
19 | (d) Prequalification shall not be used to bar or prevent | ||||||
20 | any qualified
business or person from bidding or responding to | ||||||
21 | invitations for bid or requests for
proposal. | ||||||
22 | (Source: P.A. 100-43, eff. 8-9-17.) | ||||||
23 | (30 ILCS 500/35-30) | ||||||
24 | Sec. 35-30. Awards. |
| |||||||
| |||||||
1 | (a) All State contracts for professional and artistic | ||||||
2 | services, except as
provided in this Section, shall be awarded | ||||||
3 | using the
competitive request for proposal process outlined in | ||||||
4 | this Section. | ||||||
5 | (b) For each contract offered, the chief procurement | ||||||
6 | officer, State
purchasing officer, or his or her designee shall | ||||||
7 | use the appropriate standard
solicitation
forms
available from | ||||||
8 | the chief procurement officer for matters other than | ||||||
9 | construction or the higher
education chief procurement | ||||||
10 | officer. | ||||||
11 | (c) Prepared forms shall be submitted to the chief | ||||||
12 | procurement officer for matters other than construction or the | ||||||
13 | higher education chief procurement officer,
whichever is | ||||||
14 | appropriate, for
publication in its Illinois Procurement | ||||||
15 | Bulletin and circulation to the chief procurement officer for | ||||||
16 | matters other than construction
or the higher education chief | ||||||
17 | procurement officer's list of
prequalified vendors. Notice of | ||||||
18 | the offer or request for
proposal shall appear at least 14 | ||||||
19 | calendar days before the response to the offer is due. | ||||||
20 | (d) All interested respondents shall return their | ||||||
21 | responses to the chief procurement officer for matters other | ||||||
22 | than construction
or the higher education chief procurement | ||||||
23 | officer,
whichever is appropriate, which shall open
and record | ||||||
24 | them. The chief procurement officer for matters other than | ||||||
25 | construction or higher education chief procurement officer
| ||||||
26 | then shall forward the responses, together
with any
information |
| |||||||
| |||||||
1 | it has available about the qualifications and other State work
| ||||||
2 | of the respondents. | ||||||
3 | (e) After evaluation, ranking, and selection, the | ||||||
4 | responsible chief
procurement officer, State purchasing | ||||||
5 | officer, or
his or her designee shall notify the chief | ||||||
6 | procurement officer for matters other than construction
or the | ||||||
7 | higher education chief procurement officer, whichever is | ||||||
8 | appropriate,
of the successful respondent and shall forward
a | ||||||
9 | copy of the signed contract for the chief procurement officer | ||||||
10 | for matters other than construction or higher education chief
| ||||||
11 | procurement officer's file. The chief procurement officer for | ||||||
12 | matters other than construction or higher education chief
| ||||||
13 | procurement officer shall
publish the names of the
responsible | ||||||
14 | procurement decision-maker,
the agency letting the contract, | ||||||
15 | the
successful respondent, a contract reference, and value of | ||||||
16 | the let contract
in the next appropriate volume of the Illinois | ||||||
17 | Procurement Bulletin. | ||||||
18 | (f) For all professional and artistic contracts with | ||||||
19 | annualized value
that exceeds $100,000, evaluation and ranking | ||||||
20 | by price are required. Any chief
procurement officer or State | ||||||
21 | purchasing officer,
but not their designees, may select a | ||||||
22 | respondent other than the lowest respondent by
price. In any | ||||||
23 | case, when the contract exceeds the $100,000 threshold and
the | ||||||
24 | lowest respondent is not selected, the chief procurement | ||||||
25 | officer or the State
purchasing officer shall forward together
| ||||||
26 | with the contract notice of who the low respondent by price was |
| |||||||
| |||||||
1 | and a written decision as
to why another was selected to the | ||||||
2 | chief procurement officer for matters other than construction | ||||||
3 | or
the higher education chief procurement officer, whichever is | ||||||
4 | appropriate.
The chief procurement officer for matters other | ||||||
5 | than construction or higher education chief procurement | ||||||
6 | officer shall publish as
provided in subsection (e) of Section | ||||||
7 | 35-30,
but
shall include notice of the chief procurement | ||||||
8 | officer's or State purchasing
officer's written decision. | ||||||
9 | (g) The chief procurement officer for matters other than | ||||||
10 | construction and higher education chief
procurement officer | ||||||
11 | may each refine, but not
contradict, this Section by | ||||||
12 | promulgating rules
for submission to the Procurement Policy | ||||||
13 | Board and the Commission on Equity and Inclusion, and then to | ||||||
14 | the Joint Committee
on Administrative Rules. Any
refinement | ||||||
15 | shall be based on the principles and procedures of the federal
| ||||||
16 | Architect-Engineer Selection Law, Public Law 92-582 Brooks | ||||||
17 | Act, and the
Architectural, Engineering, and Land Surveying | ||||||
18 | Qualifications Based Selection
Act; except that pricing shall | ||||||
19 | be an integral part of the selection process. | ||||||
20 | (Source: P.A. 100-43, eff. 8-9-17.)
| ||||||
21 | (30 ILCS 500/40-20)
| ||||||
22 | Sec. 40-20. Request for information.
| ||||||
23 | (a) Conditions for use. Leases shall be procured by request
| ||||||
24 | for information except as
otherwise provided in Section 40-15.
| ||||||
25 | (b) Form. A request for information shall be issued and
|
| |||||||
| |||||||
1 | shall include:
| ||||||
2 | (1) the type of property to be leased;
| ||||||
3 | (2) the proposed uses of the property;
| ||||||
4 | (3) the duration of the lease;
| ||||||
5 | (4) the preferred location of the property; and
| ||||||
6 | (5) a general description of the configuration | ||||||
7 | desired.
| ||||||
8 | (c) Public notice. Public notice of the request for
| ||||||
9 | information for the availability of real
property to lease | ||||||
10 | shall be published in the appropriate volume of the Illinois
| ||||||
11 | Procurement Bulletin at least 14 calendar days before
the date | ||||||
12 | set forth in the request for receipt of responses and
shall | ||||||
13 | also be published in similar
manner in a newspaper of general | ||||||
14 | circulation in the community or
communities where the using
| ||||||
15 | agency is seeking space.
| ||||||
16 | (d) Response. The request for information response shall
| ||||||
17 | consist of written information
sufficient to show that the | ||||||
18 | respondent can meet minimum criteria
set forth in the request. | ||||||
19 | State
purchasing officers may enter into discussions with | ||||||
20 | respondents
for the purpose of clarifying
State needs and the | ||||||
21 | information supplied by the respondents. On
the basis of the | ||||||
22 | information
supplied and discussions, if any, a State | ||||||
23 | purchasing officer shall
make a written determination
| ||||||
24 | identifying the responses that meet the minimum criteria set | ||||||
25 | forth
in the request for information.
Negotiations shall be | ||||||
26 | entered into with all qualified respondents
for the purpose of |
| |||||||
| |||||||
1 | securing a
lease that is in the best interest of the State. A | ||||||
2 | written report
of the negotiations shall be
retained in the | ||||||
3 | lease files and shall include the reasons for the
final | ||||||
4 | selection. All leases shall
be reduced to writing; one copy | ||||||
5 | shall be filed with the Comptroller in accordance with the | ||||||
6 | provisions
of Section 20-80, and one copy each shall be filed | ||||||
7 | with the Board and the Commission on Equity and Inclusion .
| ||||||
8 | When the lowest response by price is not selected, the | ||||||
9 | State purchasing
officer shall forward to the chief procurement | ||||||
10 | officer, along with the lease,
notice of the identity of the | ||||||
11 | lowest respondent by price and written reasons
for the | ||||||
12 | selection of a different response. The chief procurement | ||||||
13 | officer shall
publish the written reasons in the next volume of | ||||||
14 | the Illinois Procurement
Bulletin. | ||||||
15 | (e) Board and Commission on Equity and Inclusion review. | ||||||
16 | Upon receipt of (1) any proposed lease of real property of | ||||||
17 | 10,000 or more square feet or (2) any proposed lease of real | ||||||
18 | property with annual rent payments of $100,000 or more, the | ||||||
19 | Procurement Policy Board and the Commission on Equity and | ||||||
20 | Inclusion shall have 30 calendar days to review the proposed | ||||||
21 | lease. If neither the Board nor the Commission on Equity and | ||||||
22 | Inclusion the Board does not object in writing within 30 | ||||||
23 | calendar days, then the proposed lease shall become effective | ||||||
24 | according to its terms as submitted. The leasing agency shall | ||||||
25 | make any and all materials available to the Board and the | ||||||
26 | Commission on Equity and Inclusion to assist in the review |
| |||||||
| |||||||
1 | process.
| ||||||
2 | (Source: P.A. 98-1076, eff. 1-1-15 .)
| ||||||
3 | (30 ILCS 500/50-20)
| ||||||
4 | Sec. 50-20. Exemptions. The appropriate chief
procurement | ||||||
5 | officer may file a request with the Executive Ethics Commission | ||||||
6 | to exempt named individuals from the
prohibitions of
Section | ||||||
7 | 50-13 when, in his or her judgment, the public interest in
| ||||||
8 | having
the
individual in the service of the State outweighs the | ||||||
9 | public policy evidenced in
that Section. The Executive Ethics | ||||||
10 | Commission may grant an exemption after a public hearing at | ||||||
11 | which any person may present testimony. The chief procurement | ||||||
12 | officer shall publish notice of the date, time, and location of | ||||||
13 | the hearing in the online electronic Bulletin at least 14 | ||||||
14 | calendar days prior to the hearing and provide notice to the | ||||||
15 | individual subject to the waiver , and the Procurement Policy | ||||||
16 | Board , and the Commission on Equity and Inclusion . The | ||||||
17 | Executive Ethics Commission shall also provide public notice of | ||||||
18 | the date, time, and location of the hearing on its website. If | ||||||
19 | the Commission grants an exemption, the exemption is effective | ||||||
20 | only if it is filed with the
Secretary of State and the | ||||||
21 | Comptroller prior to the execution of any contract and includes | ||||||
22 | a statement setting forth
the name of the individual and all | ||||||
23 | the pertinent facts that would make that
Section applicable, | ||||||
24 | setting forth the reason for the exemption, and declaring
the | ||||||
25 | individual exempted from that Section.
Notice of each exemption |
| |||||||
| |||||||
1 | shall be published in the Illinois Procurement
Bulletin. A | ||||||
2 | contract for which a waiver has been issued but has not been | ||||||
3 | filed in accordance with this Section is voidable by the State. | ||||||
4 | The changes to this Section made by this amendatory Act of the | ||||||
5 | 96th General Assembly shall apply to exemptions granted on or | ||||||
6 | after its effective date.
| ||||||
7 | (Source: P.A. 98-1076, eff. 1-1-15 .)
| ||||||
8 | (30 ILCS 500/50-35) | ||||||
9 | Sec. 50-35. Financial disclosure and potential conflicts | ||||||
10 | of interest. | ||||||
11 | (a) All bids and offers from responsive bidders, offerors, | ||||||
12 | vendors, or contractors with an annual value of
more than | ||||||
13 | $50,000, and all submissions to a vendor portal, shall be | ||||||
14 | accompanied by disclosure of the financial
interests of the | ||||||
15 | bidder, offeror, potential contractor, or contractor and each | ||||||
16 | subcontractor to be used. In addition, all subcontracts | ||||||
17 | identified as provided by Section 20-120 of this Code with an | ||||||
18 | annual value of
more than $50,000 shall be accompanied by | ||||||
19 | disclosure of the financial
interests of each subcontractor. | ||||||
20 | The financial disclosure of
each successful bidder, offeror, | ||||||
21 | potential contractor, or contractor and its subcontractors | ||||||
22 | shall be incorporated as a material term of the contract and | ||||||
23 | shall become
part of the publicly available contract or | ||||||
24 | procurement file
maintained by the appropriate chief | ||||||
25 | procurement officer. Each disclosure under this Section shall |
| |||||||
| |||||||
1 | be signed and made under penalty of perjury by an authorized | ||||||
2 | officer or employee on behalf of the bidder, offeror, potential | ||||||
3 | contractor, contractor, or subcontractor, and must be filed | ||||||
4 | with the Procurement Policy Board and the Commission on Equity | ||||||
5 | and Inclusion . | ||||||
6 | (b) Disclosure shall include any
ownership or distributive | ||||||
7 | income share that is in excess of 5%, or an amount
greater than | ||||||
8 | 60% of the annual salary of the Governor, of the disclosing | ||||||
9 | entity
or its parent entity, whichever is less, unless the | ||||||
10 | bidder, offeror, potential contractor, contractor, or | ||||||
11 | subcontractor
(i) is a
publicly traded entity subject to | ||||||
12 | Federal 10K reporting, in which case it may
submit its 10K
| ||||||
13 | disclosure in place of the prescribed disclosure, or (ii) is a | ||||||
14 | privately held
entity that is exempt from Federal 10k reporting | ||||||
15 | but has more than 100
shareholders, in which case it may submit | ||||||
16 | the information that Federal 10k
reporting companies are | ||||||
17 | required to report under 17 CFR 229.401 and list the
names of | ||||||
18 | any person or entity holding any ownership share that is in | ||||||
19 | excess of
5% in place of the prescribed disclosure. The form of | ||||||
20 | disclosure shall
be prescribed by the applicable chief | ||||||
21 | procurement officer and must include at
least the names,
| ||||||
22 | addresses, and dollar or proportionate share of ownership of | ||||||
23 | each person
identified in this Section, their instrument of | ||||||
24 | ownership or beneficial
relationship, and notice of any | ||||||
25 | potential conflict of interest resulting from
the current | ||||||
26 | ownership or beneficial relationship of each individual |
| |||||||
| |||||||
1 | identified in
this Section having in addition any of the | ||||||
2 | following relationships: | ||||||
3 | (1) State employment, currently or in the previous 3 | ||||||
4 | years, including
contractual employment of services. | ||||||
5 | (2) State employment of spouse, father, mother, son, or | ||||||
6 | daughter,
including
contractual employment for services in | ||||||
7 | the previous 2 years. | ||||||
8 | (3) Elective status; the holding of elective office of | ||||||
9 | the State of
Illinois, the government of the United States, | ||||||
10 | any unit of local government
authorized by the Constitution | ||||||
11 | of the State of Illinois or the statutes of the
State of | ||||||
12 | Illinois currently or in the previous 3 years. | ||||||
13 | (4) Relationship to anyone holding elective office | ||||||
14 | currently or in the
previous 2 years; spouse, father, | ||||||
15 | mother, son, or daughter. | ||||||
16 | (5) Appointive office; the holding of any appointive | ||||||
17 | government office of
the State of Illinois, the United | ||||||
18 | States of America, or any unit of local
government | ||||||
19 | authorized by the Constitution of the State of Illinois or | ||||||
20 | the
statutes of the State of Illinois, which office | ||||||
21 | entitles the holder to
compensation in excess of expenses | ||||||
22 | incurred in the discharge of that office
currently or in | ||||||
23 | the previous 3 years. | ||||||
24 | (6) Relationship to anyone holding appointive office | ||||||
25 | currently or in the
previous 2 years; spouse, father, | ||||||
26 | mother, son, or daughter. |
| |||||||
| |||||||
1 | (7) Employment, currently or in the previous 3 years, | ||||||
2 | as or by any
registered lobbyist of the State government. | ||||||
3 | (8) Relationship to anyone who is or was a registered | ||||||
4 | lobbyist in the
previous 2 years; spouse, father, mother, | ||||||
5 | son, or daughter. | ||||||
6 | (9) Compensated employment, currently or in the | ||||||
7 | previous 3 years, by any
registered election or re-election | ||||||
8 | committee registered with the Secretary of
State or any | ||||||
9 | county clerk in the State of Illinois, or any political | ||||||
10 | action
committee registered with either the Secretary of | ||||||
11 | State or the Federal Board of
Elections. | ||||||
12 | (10) Relationship to anyone; spouse, father, mother, | ||||||
13 | son, or daughter; who
is or was a compensated employee in | ||||||
14 | the last 2 years of any registered
election or re-election | ||||||
15 | committee registered with the Secretary of State or any
| ||||||
16 | county clerk in the State of Illinois, or any political | ||||||
17 | action committee
registered with either the Secretary of | ||||||
18 | State or the Federal Board of
Elections. | ||||||
19 | (b-1) The disclosure required under this Section must also | ||||||
20 | include the name and address of each lobbyist required to | ||||||
21 | register under the Lobbyist Registration Act and other agent of | ||||||
22 | the bidder, offeror, potential contractor, contractor, or | ||||||
23 | subcontractor who is not identified under subsections (a) and | ||||||
24 | (b) and who has communicated, is communicating, or may | ||||||
25 | communicate with any State officer or employee concerning the | ||||||
26 | bid or offer. The disclosure under this subsection is a |
| |||||||
| |||||||
1 | continuing obligation and must be promptly supplemented for | ||||||
2 | accuracy throughout the process and throughout the term of the | ||||||
3 | contract if the bid or offer is successful. | ||||||
4 | (b-2) The disclosure required under this Section must also | ||||||
5 | include, for each of the persons identified in subsection (b) | ||||||
6 | or (b-1), each of the following that occurred within the | ||||||
7 | previous 10 years: suspension or debarment from contracting | ||||||
8 | with any governmental entity; professional licensure | ||||||
9 | discipline; bankruptcies; adverse civil judgments and | ||||||
10 | administrative findings; and criminal felony convictions. The | ||||||
11 | disclosure under this subsection is a continuing obligation and | ||||||
12 | must be promptly supplemented for accuracy throughout the | ||||||
13 | process and throughout the term of the contract if the bid or | ||||||
14 | offer is successful. | ||||||
15 | (c) The disclosure in subsection (b) is not intended to | ||||||
16 | prohibit or prevent
any
contract. The disclosure is meant to | ||||||
17 | fully and publicly disclose any potential
conflict to the chief | ||||||
18 | procurement officers, State purchasing officers, their
| ||||||
19 | designees, and executive officers so they may adequately | ||||||
20 | discharge their duty
to protect the State. | ||||||
21 | (d) When a potential for a conflict of interest is | ||||||
22 | identified, discovered, or reasonably suspected, the chief | ||||||
23 | procurement officer or State procurement officer shall send the | ||||||
24 | contract to the Procurement Policy Board and the Commission on | ||||||
25 | Equity and Inclusion . In accordance with the objectives of | ||||||
26 | subsection (c), if the Procurement Policy Board or the |
| |||||||
| |||||||
1 | Commission on Equity and Inclusion finds evidence of a | ||||||
2 | potential conflict of interest not originally disclosed by the | ||||||
3 | bidder, offeror, potential contractor, contractor, or | ||||||
4 | subcontractor, the Board or the Commission on Equity and | ||||||
5 | Inclusion shall provide written notice to the bidder, offeror, | ||||||
6 | potential contractor, contractor, or subcontractor that is | ||||||
7 | identified, discovered, or reasonably suspected of having a | ||||||
8 | potential conflict of interest. The bidder, offeror, potential | ||||||
9 | contractor, contractor, or subcontractor shall have 15 | ||||||
10 | calendar days to respond in writing to the Board or the | ||||||
11 | Commission on Equity and Inclusion , and a hearing before the | ||||||
12 | Board or the Commission on Equity and Inclusion will be granted | ||||||
13 | upon request by the bidder, offeror, potential contractor, | ||||||
14 | contractor, or subcontractor, at a date and time to be | ||||||
15 | determined by the Board or the Commission on Equity and | ||||||
16 | Inclusion , but which in no event shall occur later than 15 | ||||||
17 | calendar days after the date of the request. Upon | ||||||
18 | consideration, the Board or the Commission on Equity and | ||||||
19 | Inclusion shall recommend, in writing, whether to allow or void | ||||||
20 | the contract, bid, offer, or subcontract weighing the best | ||||||
21 | interest of the State of Illinois. All recommendations shall be | ||||||
22 | submitted to the Executive Ethics Commission. The Executive | ||||||
23 | Ethics Commission must hold a public hearing within 30 calendar | ||||||
24 | days after receiving the Board's or the Commission on Equity | ||||||
25 | and Inclusion's recommendation if the Procurement Policy Board | ||||||
26 | or the Commission on Equity and Inclusion makes a |
| |||||||
| |||||||
1 | recommendation to (i) void a contract or (ii) void a bid or | ||||||
2 | offer and the chief procurement officer selected or intends to | ||||||
3 | award the contract to the bidder, offeror, or potential | ||||||
4 | contractor. A chief procurement officer is prohibited from | ||||||
5 | awarding a contract before a hearing if the Board or the | ||||||
6 | Commission on Equity and Inclusion recommendation does not | ||||||
7 | support a bid or offer. The recommendation and proceedings of | ||||||
8 | any hearing, if applicable, shall be available to the public. | ||||||
9 | (e) These thresholds and disclosure do not relieve the | ||||||
10 | chief procurement
officer, the State purchasing officer, or
| ||||||
11 | their designees from reasonable care and diligence for any | ||||||
12 | contract, bid,
offer, or submission to a vendor portal. The | ||||||
13 | chief procurement officer, the State purchasing officer, or
| ||||||
14 | their designees shall be
responsible for using any reasonably | ||||||
15 | known and publicly available information
to
discover any | ||||||
16 | undisclosed potential conflict of interest and act to protect | ||||||
17 | the
best interest of the State of Illinois. | ||||||
18 | (f) Inadvertent or accidental failure to fully disclose | ||||||
19 | shall render the
contract, bid, offer, proposal, subcontract, | ||||||
20 | or relationship voidable by the chief procurement
officer if he | ||||||
21 | or she deems it in
the best interest of the State of Illinois | ||||||
22 | and, at his or her discretion, may
be cause for barring from | ||||||
23 | future contracts, bids, offers, proposals, subcontracts, or
| ||||||
24 | relationships with the State for a period of up to 2 years. | ||||||
25 | (g) Intentional, willful, or material failure to disclose | ||||||
26 | shall render the
contract, bid, offer, proposal, subcontract, |
| |||||||
| |||||||
1 | or relationship voidable by the chief procurement
officer if he | ||||||
2 | or she deems it in
the best interest of the State of Illinois | ||||||
3 | and shall result in debarment from
future contracts, bids, | ||||||
4 | offers, proposals, subcontracts, or relationships for a period | ||||||
5 | of not less
than 2 years and not more than 10 years. | ||||||
6 | Reinstatement after 2 years and
before 10 years must be | ||||||
7 | reviewed and commented on in writing by the Governor
of the | ||||||
8 | State of Illinois, or by an executive ethics board or | ||||||
9 | commission he or
she
might designate. The comment shall be | ||||||
10 | returned to the responsible chief
procurement officer who must
| ||||||
11 | rule in writing whether and when to reinstate. | ||||||
12 | (h) In addition, all disclosures shall note any other | ||||||
13 | current or pending
contracts, bids, offers, proposals, | ||||||
14 | subcontracts, leases, or other ongoing procurement | ||||||
15 | relationships the bidder, offeror, potential contractor, | ||||||
16 | contractor, or subcontractor has with any other unit of State
| ||||||
17 | government and shall clearly identify the unit and the | ||||||
18 | contract, offer, proposal,
lease, or other relationship. | ||||||
19 | (i) The bidder, offeror, potential contractor, or | ||||||
20 | contractor has a continuing obligation to supplement the | ||||||
21 | disclosure required by this Section throughout the bidding | ||||||
22 | process during the term of any contract, and during the vendor | ||||||
23 | portal registration process. | ||||||
24 | (Source: P.A. 97-490, eff. 8-22-11; 97-895, eff. 8-3-12; | ||||||
25 | 98-1076, eff. 1-1-15 .) |
| |||||||
| |||||||
1 | Section 115-130. The Business Enterprise for Minorities, | ||||||
2 | Women, and Persons with
Disabilities Act is amended by changing | ||||||
3 | Sections 2, 4, 4f, 5, 7, and 8 and by adding Section 5.5 as | ||||||
4 | follows:
| ||||||
5 | (30 ILCS 575/2)
| ||||||
6 | (Section scheduled to be repealed on June 30, 2024) | ||||||
7 | Sec. 2. Definitions.
| ||||||
8 | (A) For the purpose of this Act, the following
terms shall | ||||||
9 | have the following definitions:
| ||||||
10 | (1) "Minority person" shall mean a person who is a | ||||||
11 | citizen or lawful
permanent resident of the United States | ||||||
12 | and who is any of the following:
| ||||||
13 | (a) American Indian or Alaska Native (a person | ||||||
14 | having origins in any of the original peoples of North | ||||||
15 | and South America, including Central America, and who | ||||||
16 | maintains tribal affiliation or community attachment). | ||||||
17 | (b) Asian (a person having origins in any of the | ||||||
18 | original peoples of the Far East, Southeast Asia, or | ||||||
19 | the Indian subcontinent, including, but not limited | ||||||
20 | to, Cambodia, China, India, Japan, Korea, Malaysia, | ||||||
21 | Pakistan, the Philippine Islands, Thailand, and | ||||||
22 | Vietnam). | ||||||
23 | (c) Black or African American (a person having | ||||||
24 | origins in any of the black racial groups of Africa). | ||||||
25 | (d) Hispanic or Latino (a person of Cuban, Mexican, |
| |||||||
| |||||||
1 | Puerto Rican, South or Central American, or other | ||||||
2 | Spanish culture or origin, regardless of race). | ||||||
3 | (e) Native Hawaiian or Other Pacific Islander (a | ||||||
4 | person having origins in any of the original peoples of | ||||||
5 | Hawaii, Guam, Samoa, or other Pacific Islands).
| ||||||
6 | (2) "Woman" shall mean a person who is a citizen or | ||||||
7 | lawful permanent
resident of the United States and who is | ||||||
8 | of the female gender.
| ||||||
9 | (2.05) "Person with a disability" means a person who is | ||||||
10 | a citizen or
lawful resident of the United States and is a | ||||||
11 | person qualifying as a person with a disability under | ||||||
12 | subdivision (2.1) of this subsection (A).
| ||||||
13 | (2.1) "Person with a disability" means a person with a | ||||||
14 | severe physical or mental disability that:
| ||||||
15 | (a) results from:
| ||||||
16 | amputation,
| ||||||
17 | arthritis,
| ||||||
18 | autism,
| ||||||
19 | blindness,
| ||||||
20 | burn injury,
| ||||||
21 | cancer,
| ||||||
22 | cerebral palsy,
| ||||||
23 | Crohn's disease, | ||||||
24 | cystic fibrosis,
| ||||||
25 | deafness,
| ||||||
26 | head injury,
|
| |||||||
| |||||||
1 | heart disease,
| ||||||
2 | hemiplegia,
| ||||||
3 | hemophilia,
| ||||||
4 | respiratory or pulmonary dysfunction,
| ||||||
5 | an intellectual disability,
| ||||||
6 | mental illness,
| ||||||
7 | multiple sclerosis,
| ||||||
8 | muscular dystrophy,
| ||||||
9 | musculoskeletal disorders,
| ||||||
10 | neurological disorders, including stroke and | ||||||
11 | epilepsy,
| ||||||
12 | paraplegia,
| ||||||
13 | quadriplegia and other spinal cord conditions,
| ||||||
14 | sickle cell anemia,
| ||||||
15 | ulcerative colitis, | ||||||
16 | specific learning disabilities, or
| ||||||
17 | end stage renal failure disease; and
| ||||||
18 | (b) substantially limits one or more of the | ||||||
19 | person's major life activities.
| ||||||
20 | Another disability or combination of disabilities may | ||||||
21 | also be considered
as a severe disability for the purposes | ||||||
22 | of item (a) of this
subdivision (2.1) if it is determined | ||||||
23 | by an evaluation of
rehabilitation potential to
cause a | ||||||
24 | comparable degree of substantial functional limitation | ||||||
25 | similar to
the specific list of disabilities listed in item | ||||||
26 | (a) of this
subdivision (2.1).
|
| |||||||
| |||||||
1 | (3) "Minority-owned business" means a business which | ||||||
2 | is at least
51% owned by one or more minority persons, or | ||||||
3 | in the case of a
corporation, at least 51% of the stock in | ||||||
4 | which is owned by one or
more minority persons; and the | ||||||
5 | management and daily business operations of
which are | ||||||
6 | controlled by one or more of the minority individuals who | ||||||
7 | own it.
| ||||||
8 | (4) "Women-owned business" means a business which is at | ||||||
9 | least
51% owned by one or more women, or, in the case of a | ||||||
10 | corporation, at
least 51% of the stock in which is owned by | ||||||
11 | one or more women; and the
management and daily business | ||||||
12 | operations of which are controlled by one or
more of the | ||||||
13 | women who own it.
| ||||||
14 | (4.1) "Business owned by a person with a disability" | ||||||
15 | means a business
that is at least 51% owned by one or more | ||||||
16 | persons with a disability
and the management and daily | ||||||
17 | business operations of which
are controlled by one or more | ||||||
18 | of the persons with disabilities who own it. A
| ||||||
19 | not-for-profit agency for persons with disabilities that | ||||||
20 | is exempt from
taxation under Section 501 of the Internal | ||||||
21 | Revenue Code of 1986 is also
considered a "business owned | ||||||
22 | by a person with a disability".
| ||||||
23 | (4.2) "Council" means the Business Enterprise Council | ||||||
24 | for Minorities, Women, and Persons with Disabilities | ||||||
25 | created under Section 5 of this Act.
| ||||||
26 | (4.3) "Commission" means, unless the context clearly |
| |||||||
| |||||||
1 | indicates otherwise, the Commission on Equity and | ||||||
2 | Inclusion created under the Commission on Equity and | ||||||
3 | Inclusion Act. | ||||||
4 | (5) "State contracts" means all contracts entered into | ||||||
5 | by the State, any agency or department thereof, or any | ||||||
6 | public institution of higher education, including | ||||||
7 | community college districts, regardless of the source of | ||||||
8 | the funds with which the contracts are paid, which are not | ||||||
9 | subject to federal reimbursement. "State contracts" does | ||||||
10 | not include contracts awarded by a retirement system, | ||||||
11 | pension fund, or investment board subject to Section | ||||||
12 | 1-109.1 of the Illinois Pension Code. This definition shall | ||||||
13 | control over any existing definition under this Act or | ||||||
14 | applicable administrative rule.
| ||||||
15 | "State construction contracts" means all State | ||||||
16 | contracts entered
into by a State agency or public | ||||||
17 | institution of higher education for the repair, | ||||||
18 | remodeling,
renovation or
construction of a building or | ||||||
19 | structure, or for the construction or
maintenance of a | ||||||
20 | highway defined in Article 2 of the Illinois Highway
Code.
| ||||||
21 | (6) "State agencies" shall mean all departments, | ||||||
22 | officers, boards,
commissions, institutions and bodies | ||||||
23 | politic and corporate of the State,
but does not include | ||||||
24 | the Board of Trustees of the University of Illinois,
the | ||||||
25 | Board of Trustees of Southern Illinois University,
the | ||||||
26 | Board of Trustees
of Chicago State University, the Board of |
| |||||||
| |||||||
1 | Trustees of Eastern Illinois
University, the Board of | ||||||
2 | Trustees of Governors State University, the Board of
| ||||||
3 | Trustees of Illinois State University, the Board of | ||||||
4 | Trustees of Northeastern
Illinois
University, the Board of | ||||||
5 | Trustees of Northern Illinois University, the Board of
| ||||||
6 | Trustees of Western Illinois University,
municipalities or | ||||||
7 | other local governmental units, or other State | ||||||
8 | constitutional
officers.
| ||||||
9 | (7) "Public institutions of higher education" means | ||||||
10 | the University of Illinois, Southern Illinois University, | ||||||
11 | Chicago State University, Eastern Illinois University, | ||||||
12 | Governors State University, Illinois State University, | ||||||
13 | Northeastern Illinois University, Northern Illinois | ||||||
14 | University, Western Illinois University, the public | ||||||
15 | community colleges of the State, and any other public | ||||||
16 | universities, colleges, and community colleges now or | ||||||
17 | hereafter established or authorized by the General | ||||||
18 | Assembly.
| ||||||
19 | (8) "Certification" means a determination made by the | ||||||
20 | Council
or by one delegated authority from the Council to | ||||||
21 | make certifications, or by
a State agency with statutory | ||||||
22 | authority to make such a certification, that a
business | ||||||
23 | entity is a business owned by a
minority, woman, or person | ||||||
24 | with a disability for whatever
purpose. A business owned | ||||||
25 | and controlled by women shall be certified as a | ||||||
26 | "woman-owned business". A business owned and controlled by |
| |||||||
| |||||||
1 | women who are also minorities shall be certified as both a | ||||||
2 | "women-owned business" and a "minority-owned business".
| ||||||
3 | (9) "Control" means the exclusive or ultimate and sole | ||||||
4 | control of the
business including, but not limited to, | ||||||
5 | capital investment and all other
financial matters, | ||||||
6 | property, acquisitions, contract negotiations, legal
| ||||||
7 | matters, officer-director-employee selection and | ||||||
8 | comprehensive hiring,
operating responsibilities, | ||||||
9 | cost-control matters, income and dividend
matters, | ||||||
10 | financial transactions and rights of other shareholders or | ||||||
11 | joint
partners. Control shall be real, substantial and | ||||||
12 | continuing, not pro forma.
Control shall include the power | ||||||
13 | to direct or cause the direction of the
management and | ||||||
14 | policies of the business and to make the day-to-day as well
| ||||||
15 | as major decisions in matters of policy, management and | ||||||
16 | operations.
Control shall be exemplified by possessing the | ||||||
17 | requisite knowledge and
expertise to run the particular | ||||||
18 | business and control shall not include
simple majority or | ||||||
19 | absentee ownership.
| ||||||
20 | (10) "Business" means a business that has annual gross | ||||||
21 | sales of less than $75,000,000 as evidenced by the federal | ||||||
22 | income tax return of the business. A firm with gross sales | ||||||
23 | in excess of this cap may apply to the Council for | ||||||
24 | certification for a particular contract if the firm can | ||||||
25 | demonstrate that the contract would have significant | ||||||
26 | impact on businesses owned by minorities, women, or persons |
| |||||||
| |||||||
1 | with disabilities as suppliers or subcontractors or in | ||||||
2 | employment of minorities, women, or persons with | ||||||
3 | disabilities.
| ||||||
4 | (11) "Utilization plan" means a form and additional | ||||||
5 | documentations included in all bids or proposals that | ||||||
6 | demonstrates a vendor's proposed utilization of vendors | ||||||
7 | certified by the Business Enterprise Program to meet the | ||||||
8 | targeted goal. The utilization plan shall demonstrate that | ||||||
9 | the Vendor has either: (1) met the entire contract goal or | ||||||
10 | (2) requested a full or partial waiver and made good faith | ||||||
11 | efforts towards meeting the goal. | ||||||
12 | (12) "Business Enterprise Program" means the Business | ||||||
13 | Enterprise Program of the Department of Central Management | ||||||
14 | Services. | ||||||
15 | (B) When a business is owned at least 51% by any | ||||||
16 | combination of
minority persons, women, or persons with | ||||||
17 | disabilities,
even though none of the 3 classes alone holds at | ||||||
18 | least a 51% interest, the
ownership
requirement for purposes of | ||||||
19 | this Act is considered to be met or in excess of the entire | ||||||
20 | contract goal . The
certification category for the business is | ||||||
21 | that of the class holding the
largest ownership
interest in the | ||||||
22 | business. If 2 or more classes have equal ownership interests,
| ||||||
23 | the certification category shall be determined by
the business.
| ||||||
24 | (Source: P.A. 100-391, eff. 8-25-17; 101-601, eff. 1-1-20.)
| ||||||
25 | (30 ILCS 575/4) (from Ch. 127, par. 132.604)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on June 30, 2024)
| ||||||
2 | Sec. 4. Award of State contracts.
| ||||||
3 | (a) Except as provided in subsection (b), not less than 20% | ||||||
4 | of
the total dollar amount of State contracts, as defined by | ||||||
5 | the Secretary of
the Council and approved by the Council, shall | ||||||
6 | be established as an aspirational goal to
be awarded to | ||||||
7 | businesses owned by minorities,
women, and persons with | ||||||
8 | disabilities; provided, however, that
of the total amount of | ||||||
9 | all
State contracts awarded to businesses owned by
minorities, | ||||||
10 | women, and persons with disabilities pursuant to
this Section, | ||||||
11 | contracts representing at least 11% shall be awarded to | ||||||
12 | businesses owned by minorities, contracts representing at | ||||||
13 | least 7% shall be awarded to women-owned businesses, and | ||||||
14 | contracts representing at least 2% shall be awarded to | ||||||
15 | businesses owned by persons with disabilities.
| ||||||
16 | The above percentage relates to the total dollar amount of | ||||||
17 | State
contracts during each State fiscal year, calculated by | ||||||
18 | examining
independently each type of contract for each agency | ||||||
19 | or public institutions of higher education which
lets such | ||||||
20 | contracts. Only that percentage of arrangements which | ||||||
21 | represents the participation of businesses owned by
| ||||||
22 | minorities, women, and persons with disabilities on such | ||||||
23 | contracts shall
be included. State contracts subject to the | ||||||
24 | requirements of this Act shall include the requirement that | ||||||
25 | only expenditures to businesses owned by minorities, women, and | ||||||
26 | persons with disabilities that perform a commercially useful |
| |||||||
| |||||||
1 | function may be counted toward the goals set forth by this Act. | ||||||
2 | Contracts shall include a definition of "commercially useful | ||||||
3 | function" that is consistent with 49 CFR 26.55(c).
| ||||||
4 | (b) Not less
than 20% of the total dollar amount of State | ||||||
5 | construction contracts is
established as an aspirational goal | ||||||
6 | to be awarded to businesses owned by minorities, women, and | ||||||
7 | persons with disabilities; provided that, contracts | ||||||
8 | representing at least 11% of the total dollar amount of State | ||||||
9 | construction contracts shall be awarded to businesses owned by | ||||||
10 | minorities; contracts representing at least 7% of the total | ||||||
11 | dollar amount of State construction contracts shall be awarded | ||||||
12 | to women-owned businesses; and contracts representing at least | ||||||
13 | 2% of the total dollar amount of State construction contracts | ||||||
14 | shall be awarded to businesses owned by persons with | ||||||
15 | disabilities.
| ||||||
16 | (c) (Blank). | ||||||
17 | (d) Within one year after April 28, 2009 (the effective | ||||||
18 | date of Public Act 96-8), the Department of Central Management | ||||||
19 | Services shall conduct a social scientific study that measures | ||||||
20 | the impact of discrimination on minority and women business | ||||||
21 | development in Illinois. Within 18 months after April 28, 2009 | ||||||
22 | (the effective date of Public Act 96-8), the Department shall | ||||||
23 | issue a report of its findings and any recommendations on | ||||||
24 | whether to adjust the goals for minority and women | ||||||
25 | participation established in this Act. Copies of this report | ||||||
26 | and the social scientific study shall be filed with the |
| |||||||
| |||||||
1 | Governor and the General Assembly. | ||||||
2 | By December 1, 2020, the Department of Central Management | ||||||
3 | Services shall conduct a new social scientific study that | ||||||
4 | measures the impact of discrimination on minority and women | ||||||
5 | business development in Illinois. By June 1, 2022, the | ||||||
6 | Department shall issue a report of its findings and any | ||||||
7 | recommendations on whether to adjust the goals for minority and | ||||||
8 | women participation established in this Act. Copies of this | ||||||
9 | report and the social scientific study shall be filed with the | ||||||
10 | Governor , the Advisory Board, and the General Assembly. By | ||||||
11 | December 1, 2022, the Department of Central Management Services | ||||||
12 | Business Enterprise Program shall develop a model for social | ||||||
13 | scientific disparity study sourcing for local governmental | ||||||
14 | units to adapt and implement to address regional disparities in | ||||||
15 | public procurement. | ||||||
16 | (e) Except as permitted under this Act or as otherwise | ||||||
17 | mandated by federal law or regulation, those who submit bids or | ||||||
18 | proposals for State contracts subject to the provisions of this | ||||||
19 | Act, whose bids or proposals are successful and include a | ||||||
20 | utilization plan but that fail to meet the goals set forth in | ||||||
21 | subsection (b) of this Section, shall be notified of that | ||||||
22 | deficiency and shall be afforded a period not to exceed 10 | ||||||
23 | calendar days from the date of notification to cure that | ||||||
24 | deficiency in the bid or proposal. The deficiency in the bid or | ||||||
25 | proposal may only be cured by contracting with additional | ||||||
26 | subcontractors who are owned by minorities or women. Any |
| |||||||
| |||||||
1 | increase in cost to
a contract for the addition of a | ||||||
2 | subcontractor to cure a bid's deficiency shall not affect the | ||||||
3 | bid price,
shall not be used in the request for an exemption in | ||||||
4 | this Act, and in no case shall an identified subcontractor with | ||||||
5 | a certification made pursuant to this Act be terminated from | ||||||
6 | the contract without the written consent of the State agency or | ||||||
7 | public institution of higher education entering into the | ||||||
8 | contract. The Commission on Equity and Inclusion shall be | ||||||
9 | notified of all utilization plan deficiencies on submitted bids | ||||||
10 | or proposals for State contracts under this subsection (e). | ||||||
11 | (f) Non-construction solicitations that include Business | ||||||
12 | Enterprise Program participation goals shall require bidders | ||||||
13 | and offerors to include utilization plans. Utilization plans | ||||||
14 | are due at the time of bid or offer submission. Failure to | ||||||
15 | complete and include a utilization plan, including | ||||||
16 | documentation demonstrating good faith effort when requesting | ||||||
17 | a waiver, shall render the bid or offer non-responsive. The | ||||||
18 | Commission on Equity and Inclusion shall be notified of all | ||||||
19 | bids and offers that fail to include a utilization plan as | ||||||
20 | required under this subsection (f). | ||||||
21 | (g) Bids or proposals for State contracts shall be examined | ||||||
22 | to determine if the bid or proposal is responsible, | ||||||
23 | competitive, and whether the services to be provided are likely | ||||||
24 | to be completed based upon the pricing. If the bid or proposal | ||||||
25 | is responsible, competitive, and the services to be provided | ||||||
26 | are likely to be completed based on the prices listed, then the |
| |||||||
| |||||||
1 | bid is deemed responsive. If the bid or proposal is not | ||||||
2 | responsible, competitive, and the services to be provided are | ||||||
3 | not likely to be completed based on the prices listed, then the | ||||||
4 | entire bid is deemed non-responsive. The Commission on Equity | ||||||
5 | and Inclusion shall be notified of all non-responsive bids or | ||||||
6 | proposals for State contracts under this subsection (g). | ||||||
7 | (Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20; | ||||||
8 | 101-601, eff. 1-1-20; revised 10-26-20.) | ||||||
9 | (30 ILCS 575/4f) | ||||||
10 | (Section scheduled to be repealed on June 30, 2024) | ||||||
11 | Sec. 4f. Award of State contracts. | ||||||
12 | (1) It is hereby declared to be the public policy of the | ||||||
13 | State of Illinois to promote and encourage each State agency | ||||||
14 | and public institution of higher education to use businesses | ||||||
15 | owned by minorities, women, and persons with disabilities in | ||||||
16 | the area of goods and services, including, but not limited to, | ||||||
17 | insurance services, investment management services, | ||||||
18 | information technology services, accounting services, | ||||||
19 | architectural and engineering services, and legal services. | ||||||
20 | Furthermore, each State agency and public institution of higher | ||||||
21 | education shall utilize such firms to the greatest extent | ||||||
22 | feasible within the bounds of financial and fiduciary prudence, | ||||||
23 | and take affirmative steps to remove any barriers to the full | ||||||
24 | participation of such firms in the procurement and contracting | ||||||
25 | opportunities afforded. |
| |||||||
| |||||||
1 | (a) When a State agency or public institution of higher | ||||||
2 | education, other than a community college, awards a | ||||||
3 | contract for insurance services, for each State agency or | ||||||
4 | public institution of higher education, it shall be the | ||||||
5 | aspirational goal to use insurance brokers owned by | ||||||
6 | minorities, women, and persons with disabilities as | ||||||
7 | defined by this Act, for not less than 20% of the total | ||||||
8 | annual premiums or fees; provided that, contracts | ||||||
9 | representing at least 11% of the total annual premiums or | ||||||
10 | fees shall be awarded to businesses owned by minorities; | ||||||
11 | contracts representing at least 7% of the total annual | ||||||
12 | premiums or fees shall be awarded to women-owned | ||||||
13 | businesses; and contracts representing at least 2% of the | ||||||
14 | total annual premiums or fees shall be awarded to | ||||||
15 | businesses owned by persons with disabilities. | ||||||
16 | (b) When a State agency or public institution of higher | ||||||
17 | education, other than a community college, awards a | ||||||
18 | contract for investment services, for each State agency or | ||||||
19 | public institution of higher education, it shall be the | ||||||
20 | aspirational goal to use emerging investment managers | ||||||
21 | owned by minorities, women, and persons with disabilities | ||||||
22 | as defined by this Act, for not less than 20% of the total | ||||||
23 | funds under management; provided that, contracts | ||||||
24 | representing at least 11% of the total funds under | ||||||
25 | management shall be awarded to businesses owned by | ||||||
26 | minorities; contracts representing at least 7% of the total |
| |||||||
| |||||||
1 | funds under management shall be awarded to women-owned | ||||||
2 | businesses; and contracts representing at least 2% of the | ||||||
3 | total funds under management shall be awarded to businesses | ||||||
4 | owned by persons with disabilities. Furthermore, it is the | ||||||
5 | aspirational goal that not less than 20% of the direct | ||||||
6 | asset managers of the State funds be minorities, women, and | ||||||
7 | persons with disabilities. | ||||||
8 | (c) When a State agency or public institution of higher | ||||||
9 | education, other than a community college, awards | ||||||
10 | contracts for information technology services, accounting | ||||||
11 | services, architectural and engineering services, and | ||||||
12 | legal services, for each State agency and public | ||||||
13 | institution of higher education, it shall be the | ||||||
14 | aspirational goal to use such firms owned by minorities, | ||||||
15 | women, and persons with disabilities as defined by this Act | ||||||
16 | and lawyers who are minorities, women, and persons with | ||||||
17 | disabilities as defined by this Act, for not less than 20% | ||||||
18 | of the total dollar amount of State contracts; provided | ||||||
19 | that, contracts representing at least 11% of the total | ||||||
20 | dollar amount of State contracts shall be awarded to | ||||||
21 | businesses owned by minorities or minority lawyers; | ||||||
22 | contracts representing at least 7% of the total dollar | ||||||
23 | amount of State contracts shall be awarded to women-owned | ||||||
24 | businesses or women who are lawyers; and contracts | ||||||
25 | representing at least 2% of the total dollar amount of | ||||||
26 | State contracts shall be awarded to businesses owned by |
| |||||||
| |||||||
1 | persons with disabilities or persons with disabilities who | ||||||
2 | are lawyers. | ||||||
3 | (d) When a community college awards a contract for | ||||||
4 | insurance services, investment services, information | ||||||
5 | technology services, accounting services, architectural | ||||||
6 | and engineering services, and legal services, it shall be | ||||||
7 | the aspirational goal of each community college to use | ||||||
8 | businesses owned by minorities, women, and persons with | ||||||
9 | disabilities as defined in this Act for not less than 20% | ||||||
10 | of the total amount spent on contracts for these services | ||||||
11 | collectively; provided that, contracts representing at | ||||||
12 | least 11% of the total amount spent on contracts for these | ||||||
13 | services shall be awarded to businesses owned by | ||||||
14 | minorities; contracts representing at least 7% of the total | ||||||
15 | amount spent on contracts for these services shall be | ||||||
16 | awarded to women-owned businesses; and contracts | ||||||
17 | representing at least 2% of the total amount spent on | ||||||
18 | contracts for these services shall be awarded to businesses | ||||||
19 | owned by persons with disabilities. When a community | ||||||
20 | college awards contracts for investment services, | ||||||
21 | contracts awarded to investment managers who are not | ||||||
22 | emerging investment managers as defined in this Act shall | ||||||
23 | not be considered businesses owned by minorities, women, or | ||||||
24 | persons with disabilities for the purposes of this Section. | ||||||
25 | (2) As used in this Section: | ||||||
26 | "Accounting services" means the measurement, |
| |||||||
| |||||||
1 | processing and communication of financial information | ||||||
2 | about economic entities including, but is not limited to, | ||||||
3 | financial accounting, management accounting, auditing, | ||||||
4 | cost containment and auditing services, taxation and | ||||||
5 | accounting information systems. | ||||||
6 | "Architectural and engineering services" means | ||||||
7 | professional services of an architectural or engineering | ||||||
8 | nature, or incidental services, that members of the | ||||||
9 | architectural and engineering professions, and individuals | ||||||
10 | in their employ, may logically or justifiably perform, | ||||||
11 | including studies, investigations, surveying and mapping, | ||||||
12 | tests, evaluations, consultations, comprehensive planning, | ||||||
13 | program management, conceptual designs, plans and | ||||||
14 | specifications, value engineering, construction phase | ||||||
15 | services, soils engineering, drawing reviews, preparation | ||||||
16 | of operating and maintenance manuals, and other related | ||||||
17 | services. | ||||||
18 | "Emerging investment manager" means an investment | ||||||
19 | manager or claims consultant having assets under | ||||||
20 | management below $10 billion or otherwise adjudicating | ||||||
21 | claims. | ||||||
22 | "Information technology services" means, but is not | ||||||
23 | limited to, specialized technology-oriented solutions by | ||||||
24 | combining the processes and functions of software, | ||||||
25 | hardware, networks, telecommunications, web designers, | ||||||
26 | cloud developing resellers, and electronics. |
| |||||||
| |||||||
1 | "Insurance broker" means an insurance brokerage firm, | ||||||
2 | claims administrator, or both, that procures, places all | ||||||
3 | lines of insurance, or administers claims with annual | ||||||
4 | premiums or fees of at least $5,000,000 but not more than | ||||||
5 | $10,000,000. | ||||||
6 | "Legal services" means work performed by a lawyer | ||||||
7 | including, but not limited to, contracts in anticipation of | ||||||
8 | litigation, enforcement actions, or investigations. | ||||||
9 | (3) Each State agency and public institution of higher | ||||||
10 | education shall adopt policies that identify its plan and | ||||||
11 | implementation procedures for increasing the use of service | ||||||
12 | firms owned by minorities, women, and persons with | ||||||
13 | disabilities. All plan and implementation procedures for | ||||||
14 | increasing the use of service firms owned by minorities, women, | ||||||
15 | and persons with disabilities must be submitted to and approved | ||||||
16 | by the Commission on Equity and Inclusion on an annual basis. | ||||||
17 | (4) Except as provided in subsection (5), the Council shall | ||||||
18 | file no later than March 1 of each year an annual report to the | ||||||
19 | Governor, the Bureau on Apprenticeship Programs, and the | ||||||
20 | General Assembly. The report filed with the General Assembly | ||||||
21 | shall be filed as required in Section 3.1 of the General | ||||||
22 | Assembly Organization Act. This report shall: (i) identify the | ||||||
23 | service firms used by each State agency and public institution | ||||||
24 | of higher education, (ii) identify the actions it has | ||||||
25 | undertaken to increase the use of service firms owned by | ||||||
26 | minorities, women, and persons with disabilities, including |
| |||||||
| |||||||
1 | encouraging non-minority-owned firms to use other service | ||||||
2 | firms owned by minorities, women, and persons with disabilities | ||||||
3 | as subcontractors when the opportunities arise, (iii) state any | ||||||
4 | recommendations made by the Council to each State agency and | ||||||
5 | public institution of higher education to increase | ||||||
6 | participation by the use of service firms owned by minorities, | ||||||
7 | women, and persons with disabilities, and (iv) include the | ||||||
8 | following: | ||||||
9 | (A) For insurance services: the names of the insurance | ||||||
10 | brokers or claims consultants used, the total of risk | ||||||
11 | managed by each State agency and public institution of | ||||||
12 | higher education by insurance brokers, the total | ||||||
13 | commissions, fees paid, or both, the lines or insurance | ||||||
14 | policies placed, and the amount of premiums placed; and the | ||||||
15 | percentage of the risk managed by insurance brokers, the | ||||||
16 | percentage of total commission, fees paid, or both, the | ||||||
17 | lines or insurance policies placed, and the amount of | ||||||
18 | premiums placed with each by the insurance brokers owned by | ||||||
19 | minorities, women, and persons with disabilities by each | ||||||
20 | State agency and public institution of higher education. | ||||||
21 | (B) For investment management services: the names of | ||||||
22 | the investment managers used, the total funds under | ||||||
23 | management of investment managers; the total commissions, | ||||||
24 | fees paid, or both; the total and percentage of funds under | ||||||
25 | management of emerging investment managers owned by | ||||||
26 | minorities, women, and persons with disabilities, |
| |||||||
| |||||||
1 | including the total and percentage of total commissions, | ||||||
2 | fees paid, or both by each State agency and public | ||||||
3 | institution of higher education. | ||||||
4 | (C) The names of service firms, the percentage and | ||||||
5 | total dollar amount paid for professional services by | ||||||
6 | category by each State agency and public institution of | ||||||
7 | higher education. | ||||||
8 | (D) The names of service firms, the percentage and | ||||||
9 | total dollar amount paid for services by category to firms | ||||||
10 | owned by minorities, women, and persons with disabilities | ||||||
11 | by each State agency and public institution of higher | ||||||
12 | education. | ||||||
13 | (E) The total number of contracts awarded for services | ||||||
14 | by category and the total number of contracts awarded to | ||||||
15 | firms owned by minorities, women, and persons with | ||||||
16 | disabilities by each State agency and public institution of | ||||||
17 | higher education. | ||||||
18 | (5) For community college districts, the Business | ||||||
19 | Enterprise Council shall only report the following information | ||||||
20 | for each community college district: (i) the name of the | ||||||
21 | community colleges in the district, (ii) the name and contact | ||||||
22 | information of a person at each community college appointed to | ||||||
23 | be the single point of contact for vendors owned by minorities, | ||||||
24 | women, or persons with disabilities, (iii) the policy of the | ||||||
25 | community college district concerning certified vendors, (iv) | ||||||
26 | the certifications recognized by the community college |
| |||||||
| |||||||
1 | district for determining whether a business is owned or | ||||||
2 | controlled by a minority, woman, or person with a disability, | ||||||
3 | (v) outreach efforts conducted by the community college | ||||||
4 | district to increase the use of certified vendors, (vi) the | ||||||
5 | total expenditures by the community college district in the | ||||||
6 | prior fiscal year in the divisions of work specified in | ||||||
7 | paragraphs (a), (b), and (c) of subsection (1) of this Section | ||||||
8 | and the amount paid to certified vendors in those divisions of | ||||||
9 | work, and (vii) the total number of contracts entered into for | ||||||
10 | the divisions of work specified in paragraphs (a), (b), and (c) | ||||||
11 | of subsection (1) of this Section and the total number of | ||||||
12 | contracts awarded to certified vendors providing these | ||||||
13 | services to the community college district. The Business | ||||||
14 | Enterprise Council shall not make any utilization reports under | ||||||
15 | this Act for community college districts for Fiscal Year 2015 | ||||||
16 | and Fiscal Year 2016, but shall make the report required by | ||||||
17 | this subsection for Fiscal Year 2017 and for each fiscal year | ||||||
18 | thereafter. The Business Enterprise Council shall report the | ||||||
19 | information in items (i), (ii), (iii), and (iv) of this | ||||||
20 | subsection beginning in September of 2016. The Business | ||||||
21 | Enterprise Council may collect the data needed to make its | ||||||
22 | report from the Illinois Community College Board. | ||||||
23 | (6) The status of the utilization of services shall be | ||||||
24 | discussed at each of the regularly scheduled Business | ||||||
25 | Enterprise Council meetings. Time shall be allotted for the | ||||||
26 | Council to receive, review, and discuss the progress of the use |
| |||||||
| |||||||
1 | of service firms owned by minorities, women, and persons with | ||||||
2 | disabilities by each State agency and public institution of | ||||||
3 | higher education; and any evidence regarding past or present | ||||||
4 | racial, ethnic, or gender-based discrimination which directly | ||||||
5 | impacts a State agency or public institution of higher | ||||||
6 | education contracting with such firms. If after reviewing such | ||||||
7 | evidence the Council finds that there is or has been such | ||||||
8 | discrimination against a specific group, race or sex, the | ||||||
9 | Council shall establish sheltered markets or adjust existing | ||||||
10 | sheltered markets tailored to address the Council's specific | ||||||
11 | findings for the divisions of work specified in paragraphs (a), | ||||||
12 | (b), and (c) of subsection (1) of this Section.
| ||||||
13 | (Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20 .)
| ||||||
14 | (30 ILCS 575/5) (from Ch. 127, par. 132.605)
| ||||||
15 | (Section scheduled to be repealed on June 30, 2024)
| ||||||
16 | Sec. 5. Business Enterprise Council.
| ||||||
17 | (1) To help implement, monitor , and enforce the goals of | ||||||
18 | this Act, there
is created the Business Enterprise Council for
| ||||||
19 | Minorities, Women, and Persons with Disabilities, hereinafter
| ||||||
20 | referred to as the Council, composed of the Chairperson of the | ||||||
21 | Commission on Equity and Inclusion, the Secretary of Human | ||||||
22 | Services and
the Directors of the Department of
Human Rights, | ||||||
23 | the Department of Commerce and Economic Opportunity, the
| ||||||
24 | Department of Central Management Services, the Department of | ||||||
25 | Transportation and
the
Capital Development Board, or their duly |
| |||||||
| |||||||
1 | appointed representatives, with the Comptroller, or his or her | ||||||
2 | designee, serving as an advisory member of the Council. Ten
| ||||||
3 | individuals representing businesses that are minority-owned , | ||||||
4 | or women-owned , or
owned by persons with disabilities, 2 | ||||||
5 | individuals representing the business
community, and a | ||||||
6 | representative of public institutions of higher education | ||||||
7 | shall be appointed by the Governor. These members shall serve | ||||||
8 | 2-year 2
year terms and shall be eligible for reappointment. | ||||||
9 | Any vacancy occurring on
the Council shall also be filled by | ||||||
10 | the Governor. Any member appointed to fill
a vacancy occurring | ||||||
11 | prior to the expiration of the term for which his or her
| ||||||
12 | predecessor was appointed shall be appointed for the remainder | ||||||
13 | of such term.
Members of the Council shall serve without | ||||||
14 | compensation but shall be reimbursed
for any ordinary and | ||||||
15 | necessary expenses incurred in the performance of their
duties.
| ||||||
16 | The Chairperson of the Commission Director of the | ||||||
17 | Department of Central Management Services shall serve
as the | ||||||
18 | Council chairperson and shall select, subject to approval of | ||||||
19 | the
council, a Secretary responsible for the operation of the | ||||||
20 | program who shall
serve as the Division Manager of the Business
| ||||||
21 | Enterprise for Minorities, Women, and Persons with | ||||||
22 | Disabilities Division
of the Department of Central Management | ||||||
23 | Services.
| ||||||
24 | The Director of each State agency and the chief executive | ||||||
25 | officer of
each public institution institutions of higher | ||||||
26 | education shall appoint a liaison to the Council. The liaison
|
| |||||||
| |||||||
1 | shall be responsible for submitting to the Council any reports | ||||||
2 | and
documents necessary under this Act.
| ||||||
3 | (2) The Council's authority and responsibility shall be to:
| ||||||
4 | (a) Devise a certification procedure to assure that | ||||||
5 | businesses taking
advantage of this Act are legitimately | ||||||
6 | classified as businesses owned by minorities, women, or | ||||||
7 | persons with
disabilities and a registration procedure to | ||||||
8 | recognize, without additional evidence of Business | ||||||
9 | Enterprise Program eligibility, the certification of | ||||||
10 | businesses owned by minorities, women, or persons with | ||||||
11 | disabilities certified by the City of Chicago, Cook County, | ||||||
12 | or other jurisdictional programs with requirements and | ||||||
13 | procedures equaling or exceeding those in this Act.
| ||||||
14 | (b) Maintain a list of all
businesses legitimately | ||||||
15 | classified as businesses owned by minorities, women, or | ||||||
16 | persons with disabilities to provide to State agencies and | ||||||
17 | public institutions of higher education.
| ||||||
18 | (c) Review rules and regulations for the | ||||||
19 | implementation of the program for businesses owned by | ||||||
20 | minorities, women,
and persons with disabilities.
| ||||||
21 | (d) Review compliance plans submitted by each State | ||||||
22 | agency and public institution institutions of higher | ||||||
23 | education
pursuant to this Act.
| ||||||
24 | (e) Make annual reports as provided in Section 8f to | ||||||
25 | the Governor and
the General Assembly on the
status of the | ||||||
26 | program.
|
| |||||||
| |||||||
1 | (f) Serve as a central clearinghouse for information on | ||||||
2 | State
contracts, including the maintenance of a list of all | ||||||
3 | pending State
contracts upon which businesses owned by | ||||||
4 | minorities, women, and persons with disabilities may bid.
| ||||||
5 | At the Council's discretion, maintenance of the list may | ||||||
6 | include 24-hour
electronic access to the list along with | ||||||
7 | the bid and application information.
| ||||||
8 | (g) Establish a toll-free toll free telephone number to | ||||||
9 | facilitate information
requests concerning the | ||||||
10 | certification process and pending contracts.
| ||||||
11 | (3) No premium bond rate of a surety company for a bond | ||||||
12 | required of a business owned by a minority, woman, or person
| ||||||
13 | with a disability bidding for a State contract shall be
higher | ||||||
14 | than the lowest rate charged by that surety company for a | ||||||
15 | similar
bond in the same classification of work that would be | ||||||
16 | written for a business not owned by a minority, woman, or | ||||||
17 | person with a disability.
| ||||||
18 | (4) Any Council member who has direct financial or personal | ||||||
19 | interest in
any measure pending before the Council shall | ||||||
20 | disclose this fact to the
Council and refrain from | ||||||
21 | participating in the determination upon such measure.
| ||||||
22 | (5) The Secretary shall have the following duties and | ||||||
23 | responsibilities:
| ||||||
24 | (a) To be responsible for the day-to-day operation of | ||||||
25 | the Council.
| ||||||
26 | (b) To serve as a coordinator for all of the State's |
| |||||||
| |||||||
1 | programs for businesses owned by minorities, women,
and | ||||||
2 | persons with disabilities and as the information and | ||||||
3 | referral center
for all State initiatives for businesses
| ||||||
4 | owned by minorities, women, and persons with disabilities.
| ||||||
5 | (c) To establish an enforcement procedure whereby the | ||||||
6 | Council may
recommend to the appropriate State legal | ||||||
7 | officer that the State exercise
its legal remedies which | ||||||
8 | shall include (1) termination of the contract
involved, (2) | ||||||
9 | prohibition of participation by the respondent in public
| ||||||
10 | contracts for a period not to exceed 3 years, (3) | ||||||
11 | imposition of a penalty
not to exceed any profit acquired | ||||||
12 | as a result of violation, or (4) any
combination thereof. | ||||||
13 | Such procedures shall require prior approval by Council. | ||||||
14 | All funds collected as penalties under this subsection | ||||||
15 | shall be used exclusively for maintenance and further | ||||||
16 | development of the Business Enterprise Program and | ||||||
17 | encouragement of participation in State procurement by | ||||||
18 | minorities, women, and persons with disabilities.
| ||||||
19 | (d) To devise appropriate policies, regulations , and | ||||||
20 | procedures for
including participation by businesses owned
| ||||||
21 | by minorities, women, and persons with disabilities as | ||||||
22 | prime contractors ,
including, but not limited to : , (i) | ||||||
23 | encouraging the inclusions of qualified businesses owned | ||||||
24 | by minorities, women, and
persons with disabilities on | ||||||
25 | solicitation lists, (ii)
investigating the potential of | ||||||
26 | blanket bonding programs for small
construction jobs, and |
| |||||||
| |||||||
1 | (iii) investigating and making recommendations
concerning | ||||||
2 | the use of the sheltered market process.
| ||||||
3 | (e) To devise procedures for the waiver of the | ||||||
4 | participation goals in
appropriate circumstances.
| ||||||
5 | (f) To accept donations and, with the approval of the | ||||||
6 | Council or the Chairperson
Director of Central Management | ||||||
7 | Services , grants related to the purposes of
this Act; to | ||||||
8 | conduct seminars related to the purpose of this Act and to
| ||||||
9 | charge reasonable registration fees; and to sell | ||||||
10 | directories, vendor lists ,
and other such information to | ||||||
11 | interested parties, except that forms
necessary to become | ||||||
12 | eligible for the program shall be provided free of
charge | ||||||
13 | to a business or individual applying for the program.
| ||||||
14 | (Source: P.A. 100-391, eff. 8-25-17; 100-801, eff. 8-10-18; | ||||||
15 | 101-601, eff. 1-1-20; revised 8-18-20.)
| ||||||
16 | (30 ILCS 575/5.5 new) | ||||||
17 | Sec. 5.5. Transfer of Council functions. | ||||||
18 | (a) Notwithstanding any provision of law to the contrary, | ||||||
19 | beginning on and after the effective date of this amendatory | ||||||
20 | Act of the 101st General Assembly, the Commission on Equity and | ||||||
21 | Inclusion shall have jurisdiction over the functions of the | ||||||
22 | Business Enterprise Council. | ||||||
23 | (b) All powers, duties, rights, and responsibilities of the | ||||||
24 | Department of Central Management Services relating to | ||||||
25 | jurisdiction over the Council are transferred to the |
| |||||||
| |||||||
1 | Commission. | ||||||
2 | (c) All books, records, papers, documents, property, | ||||||
3 | contracts, causes of action, and pending
business pertaining to | ||||||
4 | the powers, duties, rights, and
responsibilities of the | ||||||
5 | Department of Central Management Services relating to | ||||||
6 | jurisdiction over the Council are transferred to the | ||||||
7 | Commission. | ||||||
8 | (30 ILCS 575/7) (from Ch. 127, par. 132.607) | ||||||
9 | (Section scheduled to be repealed on June 30, 2024) | ||||||
10 | Sec. 7. Exemptions; waivers; publication of data. | ||||||
11 | (1) Individual contract exemptions.
The Council, at the | ||||||
12 | written request of the affected agency,
public institution of | ||||||
13 | higher education, or recipient of a grant or loan of State | ||||||
14 | funds of $250,000 or more complying with Section 45 of the | ||||||
15 | State Finance Act, may permit an individual contract or | ||||||
16 | contract package,
(related contracts being bid or awarded | ||||||
17 | simultaneously for the same project
or improvements) be made | ||||||
18 | wholly or partially exempt from State contracting
goals for | ||||||
19 | businesses owned by
minorities, women, and persons with | ||||||
20 | disabilities prior to the advertisement
for bids or | ||||||
21 | solicitation of proposals whenever there has been a
| ||||||
22 | determination, reduced to writing and based on the best | ||||||
23 | information
available at the time of the determination, that | ||||||
24 | there is an insufficient
number of businesses owned by | ||||||
25 | minorities, women, and persons with disabilities to ensure |
| |||||||
| |||||||
1 | adequate
competition and an expectation of reasonable prices on | ||||||
2 | bids or proposals
solicited for the individual contract or | ||||||
3 | contract package in question. Any such exemptions shall be | ||||||
4 | given by
the Council to the Bureau on Apprenticeship Programs. | ||||||
5 | (a) Written request for contract exemption. A written | ||||||
6 | request for an individual contract exemption must include, | ||||||
7 | but is not limited to, the following: | ||||||
8 | (i) a list of eligible businesses owned by | ||||||
9 | minorities, women, and persons with disabilities; | ||||||
10 | (ii) a clear demonstration that the number of | ||||||
11 | eligible businesses identified in subparagraph (i) | ||||||
12 | above is insufficient to ensure adequate competition; | ||||||
13 | (iii) the difference in cost between the contract | ||||||
14 | proposals being offered by businesses owned by | ||||||
15 | minorities, women, and persons with disabilities and | ||||||
16 | the agency or public institution of higher education's | ||||||
17 | expectations of reasonable prices on bids or proposals | ||||||
18 | within that class; and | ||||||
19 | (iv) a list of eligible businesses owned by | ||||||
20 | minorities, women, and persons with
disabilities that | ||||||
21 | the contractor has used in the current and prior fiscal | ||||||
22 | years. | ||||||
23 | (b) Determination. The Council's determination | ||||||
24 | concerning an individual contract exemption must consider, | ||||||
25 | at a minimum, the following: | ||||||
26 | (i) the justification for the requested exemption, |
| |||||||
| |||||||
1 | including whether diligent efforts were undertaken to | ||||||
2 | identify and solicit eligible businesses owned by | ||||||
3 | minorities, women, and persons with disabilities; | ||||||
4 | (ii) the total number of exemptions granted to the | ||||||
5 | affected agency, public institution of higher | ||||||
6 | education, or recipient of a grant or loan of State | ||||||
7 | funds of $250,000 or more complying with Section 45 of | ||||||
8 | the State Finance Act that have been granted by the | ||||||
9 | Council in the current and prior fiscal years; and | ||||||
10 | (iii) the percentage of contracts awarded by the | ||||||
11 | agency or public institution of higher education to | ||||||
12 | eligible businesses owned by minorities, women, and | ||||||
13 | persons with disabilities in the current and prior | ||||||
14 | fiscal years. | ||||||
15 | (2) Class exemptions. | ||||||
16 | (a) Creation. The Council, at the written request of | ||||||
17 | the affected agency or public institution of higher | ||||||
18 | education, may permit an entire
class of
contracts be made | ||||||
19 | exempt from State
contracting goals for businesses owned by | ||||||
20 | minorities, women, and persons
with disabilities whenever | ||||||
21 | there has been a determination, reduced to
writing and | ||||||
22 | based on the best information available at the time of the
| ||||||
23 | determination, that there is an insufficient number of | ||||||
24 | qualified businesses owned by minorities, women, and | ||||||
25 | persons with
disabilities to ensure adequate competition | ||||||
26 | and an
expectation of reasonable prices on bids or |
| |||||||
| |||||||
1 | proposals within that class. Any such exemption shall be | ||||||
2 | given by
the Council to the Bureau on Apprenticeship | ||||||
3 | Programs. | ||||||
4 | (a-1) Written request for class exemption. A written | ||||||
5 | request for a class exemption must include, but is not | ||||||
6 | limited to, the following: | ||||||
7 | (i) a list of eligible businesses owned by | ||||||
8 | minorities, women, and persons with disabilities; | ||||||
9 | (ii) a clear demonstration that the number of | ||||||
10 | eligible businesses identified in subparagraph (i) | ||||||
11 | above is insufficient to ensure adequate competition; | ||||||
12 | (iii) the difference in cost between the contract | ||||||
13 | proposals being offered by eligible businesses owned | ||||||
14 | by minorities, women, and persons with disabilities | ||||||
15 | and the agency or public institution of higher | ||||||
16 | education's expectations of reasonable prices on bids | ||||||
17 | or proposals within that class; and | ||||||
18 | (iv) the number of class exemptions the affected | ||||||
19 | agency or public institution
of higher education | ||||||
20 | requested in the current and prior fiscal years. | ||||||
21 | (a-2) Determination. The Council's determination | ||||||
22 | concerning class exemptions must consider, at a minimum, | ||||||
23 | the following: | ||||||
24 | (i) the justification for the requested exemption, | ||||||
25 | including whether diligent efforts were undertaken to | ||||||
26 | identify and solicit eligible businesses owned by |
| |||||||
| |||||||
1 | minorities, women, and persons with disabilities; | ||||||
2 | (ii) the total number of class exemptions granted | ||||||
3 | to the requesting agency or public institution of | ||||||
4 | higher education that have been granted by the Council | ||||||
5 | in the current and prior fiscal years; and | ||||||
6 | (iii) the percentage of contracts awarded by the | ||||||
7 | agency or public institution of higher education to | ||||||
8 | eligible businesses owned by minorities, women, and | ||||||
9 | persons with disabilities the current and prior fiscal | ||||||
10 | years. | ||||||
11 | (b) Limitation. Any such class exemption shall not be | ||||||
12 | permitted for a
period of more than one year at a time. | ||||||
13 | (3) Waivers. Where a particular contract requires a | ||||||
14 | contractor to meet
a goal established pursuant to this Act, the | ||||||
15 | contractor shall have the right
to request from the Council, in | ||||||
16 | consultation with the Commission, a waiver from such | ||||||
17 | requirements. The Council may grant the waiver only upon a | ||||||
18 | demonstration by the contractor of unreasonable responses to | ||||||
19 | the request for proposals given the class of contract shall | ||||||
20 | grant the
waiver where the contractor demonstrates that there | ||||||
21 | has been made a good
faith effort to comply with the goals for
| ||||||
22 | participation by businesses owned by minorities, women, and | ||||||
23 | persons with
disabilities . Any such waiver shall also be
| ||||||
24 | transmitted in writing to the Bureau on Apprenticeship | ||||||
25 | Programs. | ||||||
26 | (a) Request for waiver. A contractor's request for a |
| |||||||
| |||||||
1 | waiver under this subsection (3) must include, but is not | ||||||
2 | limited to, the following, if available: | ||||||
3 | (i) a list of eligible businesses owned by | ||||||
4 | minorities, women, and persons with disabilities that | ||||||
5 | pertain to the class of contracts in the requested | ||||||
6 | waiver . Eligible businesses are only eligible if the | ||||||
7 | business is certified for the products or work | ||||||
8 | advertised in the solicitation ; | ||||||
9 | (ii) (Blank); a clear demonstration that the | ||||||
10 | number of eligible businesses identified in | ||||||
11 | subparagraph (i) above is insufficient to ensure | ||||||
12 | competition; | ||||||
13 | (iii) the difference in cost between the contract | ||||||
14 | proposals being offered by businesses owned by | ||||||
15 | minorities, women, and persons with disabilities and | ||||||
16 | the agency or the public institution of higher | ||||||
17 | education's expectations of reasonable prices on bids | ||||||
18 | or proposals within that class; and | ||||||
19 | (iv) a list of businesses owned by minorities, | ||||||
20 | women, and persons with disabilities that the | ||||||
21 | contractor has used in the current and prior fiscal | ||||||
22 | years. | ||||||
23 | (b) Determination. The Council's determination , in | ||||||
24 | consultation with the Commission, concerning waivers must | ||||||
25 | include following: | ||||||
26 | (i) the justification for the requested waiver, |
| |||||||
| |||||||
1 | including whether the requesting contractor made a | ||||||
2 | proper demonstration of unreasonable responses to the | ||||||
3 | request for proposals given the class of contract good | ||||||
4 | faith effort to identify and solicit eligible | ||||||
5 | businesses owned by minorities, women, and persons | ||||||
6 | with disabilities ; | ||||||
7 | (ii) the total number of waivers the contractor has | ||||||
8 | been granted by the Council in the current and prior | ||||||
9 | fiscal years; | ||||||
10 | (iii) the percentage of contracts awarded by the | ||||||
11 | agency or public institution of higher education to | ||||||
12 | eligible businesses owned by minorities, women, and | ||||||
13 | persons with disabilities in the current and prior | ||||||
14 | fiscal years; and | ||||||
15 | (iv) the contractor's use of businesses owned by | ||||||
16 | minorities, women, and persons with disabilities in | ||||||
17 | the current and prior fiscal years. | ||||||
18 | (3.5) (Blank). | ||||||
19 | (4) Conflict with other laws. In the event that any State | ||||||
20 | contract, which
otherwise would be subject to the provisions of | ||||||
21 | this Act, is or becomes
subject to federal laws or regulations | ||||||
22 | which conflict with the provisions
of this Act or actions of | ||||||
23 | the State taken pursuant hereto, the provisions
of the federal | ||||||
24 | laws or regulations shall apply and the contract shall be
| ||||||
25 | interpreted and enforced accordingly. | ||||||
26 | (5) Each chief procurement officer, as defined in the |
| |||||||
| |||||||
1 | Illinois Procurement Code, shall maintain on his or her | ||||||
2 | official Internet website a database of the following: (i) | ||||||
3 | waivers granted under this Section with respect to contracts | ||||||
4 | under his or her jurisdiction; (ii) a State agency or public | ||||||
5 | institution of higher education's written request for an | ||||||
6 | exemption of an individual contract or an entire class of | ||||||
7 | contracts; and (iii) the Council's written determination | ||||||
8 | granting or denying a request for an exemption of an individual | ||||||
9 | contract or an entire class of contracts. The database, which | ||||||
10 | shall be updated periodically as necessary, shall be searchable | ||||||
11 | by contractor name and by contracting State agency. | ||||||
12 | (6) Each chief procurement officer, as defined by the | ||||||
13 | Illinois Procurement Code, shall maintain on its website a list | ||||||
14 | of all firms that have been prohibited from bidding, offering, | ||||||
15 | or entering into a contract with the State of Illinois as a | ||||||
16 | result of violations of this Act. | ||||||
17 | Each public notice required by law of the award of a State | ||||||
18 | contract shall include for each bid or offer submitted for that | ||||||
19 | contract the following: (i) the bidder's or offeror's name, | ||||||
20 | (ii) the bid amount, (iii) the name or names of the certified | ||||||
21 | firms identified in the bidder's or offeror's submitted | ||||||
22 | utilization plan, and (iv) the bid's amount and percentage of | ||||||
23 | the contract awarded to businesses owned by minorities, women, | ||||||
24 | and persons with disabilities identified in the utilization | ||||||
25 | plan. | ||||||
26 | (Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20; |
| |||||||
| |||||||
1 | 101-601, eff. 1-1-20.)
| ||||||
2 | (30 ILCS 575/8) (from Ch. 127, par. 132.608)
| ||||||
3 | (Section scheduled to be repealed on June 30, 2024)
| ||||||
4 | Sec. 8. Enforcement. | ||||||
5 | (1) The Commission on Equity and Inclusion Council shall | ||||||
6 | make such findings, recommendations
and proposals to the | ||||||
7 | Governor as are necessary and appropriate to enforce
this Act. | ||||||
8 | If, as a result of its monitoring activities, the Commission | ||||||
9 | Council determines
that its goals and policies are not being | ||||||
10 | met by any State agency or public institution of higher | ||||||
11 | education,
the Commission Council
may recommend any or all of | ||||||
12 | the following actions:
| ||||||
13 | (a) Establish enforcement procedures whereby the | ||||||
14 | Commission Council may recommend
to the appropriate State | ||||||
15 | agency, public institutions of higher education, or law | ||||||
16 | enforcement
officer that legal or
administrative remedies | ||||||
17 | be initiated for violations of contract provisions
or rules | ||||||
18 | issued hereunder or by a contracting State agency or public | ||||||
19 | institutions of higher education. State agencies and | ||||||
20 | public institutions of higher education
shall be | ||||||
21 | authorized to adopt remedies for such violations which | ||||||
22 | shall include
(1) termination of the contract involved, (2) | ||||||
23 | prohibition of participation
of the respondents in public | ||||||
24 | contracts for a period not to exceed one year,
(3) | ||||||
25 | imposition of a penalty not to exceed any profit acquired |
| |||||||
| |||||||
1 | as a result
of violation, or (4) any combination thereof.
| ||||||
2 | (b) If the Commission Council concludes that a | ||||||
3 | compliance plan submitted under Section
6 is unlikely to | ||||||
4 | produce the
participation
goals for businesses owned by | ||||||
5 | minorities, women, and persons with
disabilities within | ||||||
6 | the then current fiscal year, the Commission Council may | ||||||
7 | recommend
that
the State agency or public institution of | ||||||
8 | higher education revise its plan to provide
additional
| ||||||
9 | opportunities
for participation by businesses owned by | ||||||
10 | minorities, women, and persons with disabilities. Such | ||||||
11 | recommended revisions may
include, but shall not be limited | ||||||
12 | to, the following:
| ||||||
13 | (i) assurances of stronger and better focused | ||||||
14 | solicitation efforts to
obtain more businesses owned | ||||||
15 | by minorities, women, and persons with disabilities as | ||||||
16 | potential sources of
supply;
| ||||||
17 | (ii) division of job or project requirements, when | ||||||
18 | economically feasible,
into tasks or quantities to | ||||||
19 | permit participation of
businesses owned by | ||||||
20 | minorities, women, and persons with disabilities;
| ||||||
21 | (iii) elimination of extended experience or | ||||||
22 | capitalization requirements,
when programmatically | ||||||
23 | feasible, to permit participation of businesses owned | ||||||
24 | by minorities, women, and persons with
disabilities;
| ||||||
25 | (iv) identification of specific proposed contracts | ||||||
26 | as particularly
attractive or appropriate for |
| |||||||
| |||||||
1 | participation by
businesses owned by minorities, | ||||||
2 | women, and persons with disabilities,
such | ||||||
3 | identification to result from and be coupled with the
| ||||||
4 | efforts of subparagraphs
(i) through (iii);
| ||||||
5 | (v) implementation of those regulations | ||||||
6 | established for the use of the
sheltered market | ||||||
7 | process.
| ||||||
8 | (2) State agencies and public institutions of higher | ||||||
9 | education shall review a vendor's compliance with its | ||||||
10 | utilization plan and the terms of its contract. Without | ||||||
11 | limitation, a vendor's failure to comply with its contractual | ||||||
12 | commitments as contained in the utilization plan; failure to | ||||||
13 | cooperate in providing information regarding its compliance | ||||||
14 | with its utilization plan; or the provision of false or | ||||||
15 | misleading information or statements concerning compliance, | ||||||
16 | certification status, or eligibility of the Business | ||||||
17 | Enterprise Program-certified vendor, good faith efforts, or | ||||||
18 | any other material fact or representation shall constitute a | ||||||
19 | material breach of the contract and entitle the State agency or | ||||||
20 | public institution of higher education to declare a default, | ||||||
21 | terminate the contract, or exercise those remedies provided for | ||||||
22 | in the contract, at law, or in equity. | ||||||
23 | (3) A vendor shall be in breach of the contract and may be | ||||||
24 | subject to penalties for failure to meet contract goals | ||||||
25 | established under this Act, unless the vendor can show that it | ||||||
26 | made good faith efforts to meet the contract goals. |
| |||||||
| |||||||
1 | (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17 .)
| ||||||
2 | Article 120. | ||||||
3 | Section 120-5. The Technology Development Act is amended by | ||||||
4 | changing Sections 10, 11, and 20 as follows: | ||||||
5 | (30 ILCS 265/10)
| ||||||
6 | Sec. 10. Technology Development Account.
| ||||||
7 | (a) The State Treasurer may segregate a portion of the | ||||||
8 | Treasurer's
investment
portfolio, that at no time shall be | ||||||
9 | greater than 1% of the portfolio, in the
Technology Development | ||||||
10 | Account, an account that shall be maintained separately
and | ||||||
11 | apart from other moneys invested by the Treasurer. The | ||||||
12 | Treasurer may make
investments from the Account that help | ||||||
13 | attract, assist, and retain quality
technology businesses in | ||||||
14 | Illinois. The earnings on the Account shall be
accounted for | ||||||
15 | separately from other investments made by the Treasurer.
| ||||||
16 | (b) Moneys in the Account may be invested by the State | ||||||
17 | Treasurer
to
provide venture capital to technology businesses | ||||||
18 | seeking to locate, expand, or
remain in
Illinois by placing | ||||||
19 | money with Illinois venture capital firms for investment by
the | ||||||
20 | venture
capital firms in technology businesses. "Venture | ||||||
21 | capital", as used in this
Act, means
equity financing that is | ||||||
22 | provided for starting up, expanding, or relocating a
company, | ||||||
23 | or
related purposes such as financing for seed capital, |
| |||||||
| |||||||
1 | research and development,
introduction of a product or process | ||||||
2 | into the marketplace, or similar needs
requiring risk
capital. | ||||||
3 | "Technology business", as used in this Act, means a company | ||||||
4 | that has
as its
principal function the providing of services | ||||||
5 | including computer, information
transfer,
communication, | ||||||
6 | distribution, processing, administrative, laboratory,
| ||||||
7 | experimental,
developmental, technical, testing services, | ||||||
8 | manufacture of goods or materials,
the
processing of goods or | ||||||
9 | materials by physical or chemical change, computer
related
| ||||||
10 | activities, robotics, biological or pharmaceutical industrial | ||||||
11 | activity, or
technology
oriented or emerging industrial | ||||||
12 | activity. "Illinois venture capital firms", as
used in this
| ||||||
13 | Act, means an entity that has a majority of its
employees in
| ||||||
14 | Illinois or that has at least one managing partner domiciled in | ||||||
15 | Illinois that
has made significant capital investments in | ||||||
16 | Illinois companies and that
provides equity financing for | ||||||
17 | starting up or expanding a
company, or
related purposes such as | ||||||
18 | financing for seed capital, research and development,
| ||||||
19 | introduction of a product or process into the marketplace, or | ||||||
20 | similar needs
requiring risk
capital.
| ||||||
21 | (c) Any fund created by an Illinois venture capital firm in | ||||||
22 | which the State
Treasurer places money pursuant to this Act | ||||||
23 | shall be required by the State
Treasurer to
seek investments in | ||||||
24 | technology businesses seeking to locate, expand, or remain
in
| ||||||
25 | Illinois.
| ||||||
26 | (d) The investment of the State Treasurer in any fund |
| |||||||
| |||||||
1 | created by an Illinois
venture capital firm in which the State | ||||||
2 | Treasurer places money pursuant to this Section
Act shall
not | ||||||
3 | exceed 10% of the total investments in the fund.
| ||||||
4 | (e) The State Treasurer shall not invest more than | ||||||
5 | one-third of the
Technology
Development Account in any given | ||||||
6 | calendar year.
| ||||||
7 | (f) The Treasurer may deposit no more than 15% 10% of the | ||||||
8 | earnings of the
investments in the Technology Development | ||||||
9 | Account into the Technology
Development Fund.
| ||||||
10 | (Source: P.A. 94-395, eff. 8-1-05.)
| ||||||
11 | (30 ILCS 265/11) | ||||||
12 | Sec. 11. Technology Development Account II. | ||||||
13 | (a) Including the amount provided in Section 10 of this | ||||||
14 | Act, the State Treasurer shall segregate a portion of the | ||||||
15 | Treasurer's State investment portfolio, that at no time shall | ||||||
16 | be greater than 5% of the portfolio, in the Technology | ||||||
17 | Development Account IIa ("TDA IIa"), an account that shall be | ||||||
18 | maintained separately and apart from other moneys invested by | ||||||
19 | the Treasurer. Distributions from the investments in TDA IIa | ||||||
20 | may be reinvested into TDA IIa without being counted against | ||||||
21 | the 5% cap. The aggregate investment in TDA IIa and the | ||||||
22 | aggregate commitment of investment capital in a TDA | ||||||
23 | II-Recipient Fund shall at no time be greater than 5% of the | ||||||
24 | State's investment portfolio, which shall be calculated as: (1) | ||||||
25 | the balance at the inception of the State's fiscal year; or (2) |
| |||||||
| |||||||
1 | the average balance in the immediately preceding 5 fiscal | ||||||
2 | years, whichever number is greater. Distributions from a TDA | ||||||
3 | II-Recipient Fund, in an amount not to exceed the commitment | ||||||
4 | amount and total distributions received , may be reinvested into | ||||||
5 | TDA IIa without being counted against the 5% cap. The Treasurer | ||||||
6 | may make investments from TDA IIa that help attract, assist, | ||||||
7 | and retain quality technology businesses in Illinois. The | ||||||
8 | earnings on TDA IIa shall be accounted for separately from | ||||||
9 | other investments made by the Treasurer. | ||||||
10 | (b) The Treasurer may solicit proposals from entities to | ||||||
11 | manage and be the General Partner of a separate fund | ||||||
12 | ("Technology Development Account IIb" or "TDA IIb") consisting | ||||||
13 | of investments from private sector investors that must invest, | ||||||
14 | at the direction of the general partner, in tandem with TDA IIa | ||||||
15 | in a pro-rata portion. The Treasurer may enter into an | ||||||
16 | agreement with the entity managing TDA IIb to advise on the | ||||||
17 | investment strategy of TDA IIa and TDA IIb (collectively | ||||||
18 | "Technology Development Account II" or "TDA II") and fulfill | ||||||
19 | other mutually agreeable terms. Funds in TDA IIb shall be kept | ||||||
20 | separate and apart from moneys in the State treasury. | ||||||
21 | (c) All or a portion of the moneys in TDA IIa shall be | ||||||
22 | invested by the State Treasurer to provide venture capital to | ||||||
23 | technology businesses, including co-investments, seeking to | ||||||
24 | locate, expand, or remain in Illinois by placing money with | ||||||
25 | Illinois venture capital firms for investment by the venture | ||||||
26 | capital firms in technology businesses. "Venture capital", as |
| |||||||
| |||||||
1 | used in this Section, means equity financing that is provided | ||||||
2 | for starting up, expanding, or relocating a company, or related | ||||||
3 | purposes such as financing for seed capital, research and | ||||||
4 | development, introduction of a product or process into the | ||||||
5 | marketplace, or similar needs requiring risk capital. | ||||||
6 | "Technology business", as used in this Section, means a company | ||||||
7 | that has as its principal function the providing of services, | ||||||
8 | including computer, information transfer, communication, | ||||||
9 | distribution, processing, administrative, laboratory, | ||||||
10 | experimental, developmental, technical, or testing services; | ||||||
11 | manufacture of goods or materials; the processing of goods or | ||||||
12 | materials by physical or chemical change; computer related | ||||||
13 | activities; robotics, biological, or pharmaceutical industrial | ||||||
14 | activities; or technology-oriented or emerging industrial | ||||||
15 | activity. "Illinois venture capital firm", as used in this | ||||||
16 | Section, means an entity that: (1) has a majority of its | ||||||
17 | employees in Illinois (more than 50%) or that has at least one | ||||||
18 | general partner or principal domiciled in Illinois, and that | ||||||
19 | (2) provides equity financing for starting up or expanding a | ||||||
20 | company, or related purposes such as financing for seed | ||||||
21 | capital, research and development, introduction of a product or | ||||||
22 | process into the marketplace, or similar needs requiring risk | ||||||
23 | capital. "Illinois venture capital firm" may also mean an | ||||||
24 | entity that has a track record of identifying, evaluating, and | ||||||
25 | investing in Illinois companies and that provides equity | ||||||
26 | financing for starting up or expanding a company, or related |
| |||||||
| |||||||
1 | purposes such as financing for seed capital, research and | ||||||
2 | development, introduction of a product or process into the | ||||||
3 | marketplace, or similar needs requiring risk capital. For | ||||||
4 | purposes of this Section, "track record" means having made, on | ||||||
5 | average, at least one investment in an Illinois company in each | ||||||
6 | of its funds if the Illinois venture capital firm has multiple | ||||||
7 | funds or at least 2 investments in Illinois companies if the | ||||||
8 | Illinois venture capital firm has only one fund. In no case | ||||||
9 | shall more than 15% of the capital in the TDA IIa be invested | ||||||
10 | in firms based outside of Illinois. | ||||||
11 | (d) Any fund created by an Illinois venture capital firm in | ||||||
12 | which the State Treasurer places money pursuant to this Section | ||||||
13 | shall be required by the State Treasurer to seek investments in | ||||||
14 | technology businesses seeking to locate, expand, or remain in | ||||||
15 | Illinois. Any fund created by an Illinois venture capital firm | ||||||
16 | in which the State Treasurer places money under this Section | ||||||
17 | ("TDA II-Recipient Fund") shall invest a minimum of twice (2x) | ||||||
18 | the aggregate amount of investable capital that is received | ||||||
19 | from the State Treasurer under this Section in Illinois | ||||||
20 | companies during the life of the fund. "Illinois companies", as | ||||||
21 | used in this Section, are companies that are headquartered or | ||||||
22 | that otherwise have a significant presence in the State at the | ||||||
23 | time of initial or follow-on investment. Investable capital is | ||||||
24 | calculated as committed capital, as defined in the firm's | ||||||
25 | applicable fund's governing documents, less related estimated | ||||||
26 | fees and expenses to be incurred during the life of the fund. |
| |||||||
| |||||||
1 | For the purposes of this subsection (d), "significant presence" | ||||||
2 | means at least one physical office and one full-time employee | ||||||
3 | within the geographic borders of this State. | ||||||
4 | Any TDA II-Recipient Fund shall also invest additional | ||||||
5 | capital in Illinois companies during the life of the fund if, | ||||||
6 | as determined by the fund's manager, the investment: | ||||||
7 | (1) is consistent with the firm's fiduciary | ||||||
8 | responsibility to its limited partners; | ||||||
9 | (2) is consistent with the fund manager's investment | ||||||
10 | strategy; and | ||||||
11 | (3) demonstrates the potential to create risk-adjusted | ||||||
12 | financial returns consistent with the fund manager's | ||||||
13 | investment goals. | ||||||
14 | In addition to any reporting requirements set forth in | ||||||
15 | Section 10 of this Act, any TDA II-Recipient Fund shall report | ||||||
16 | the following additional information to the Treasurer on a | ||||||
17 | quarterly or annual basis, as determined by the Treasurer, for | ||||||
18 | all investments: | ||||||
19 | (1) the names of portfolio companies invested in during | ||||||
20 | the applicable investment period; | ||||||
21 | (2) the addresses of reported portfolio companies; | ||||||
22 | (3) the date of the initial (and follow-on) investment; | ||||||
23 | (4) the cost of the investment; | ||||||
24 | (5) the current fair market value of the investment; | ||||||
25 | (6) for Illinois companies, the number of Illinois | ||||||
26 | employees on the investment date; and |
| |||||||
| |||||||
1 | (7) for Illinois companies, the current number of | ||||||
2 | Illinois employees. | ||||||
3 | If, as of the earlier to occur of (i) the fourth year of | ||||||
4 | the investment period of any TDA II-Recipient Fund or (ii) when | ||||||
5 | that TDA II-Recipient Fund has drawn more than 60% of the | ||||||
6 | investable capital of all limited partners, that TDA | ||||||
7 | II-Recipient Fund has failed to invest the minimum amount | ||||||
8 | required under this subsection (d) in Illinois companies, then | ||||||
9 | the Treasurer shall deliver written notice to the manager of | ||||||
10 | that fund seeking compliance with the minimum amount | ||||||
11 | requirement under this subsection (d). If, after 180 days of | ||||||
12 | delivery of notice, the TDA II-Recipient Fund has still failed | ||||||
13 | to invest the minimum amount required under this subsection (d) | ||||||
14 | in Illinois companies, then the Treasurer may elect, in | ||||||
15 | writing, to terminate any further commitment to make capital | ||||||
16 | contributions to that fund which otherwise would have been made | ||||||
17 | under this Section. | ||||||
18 | (e) The Notwithstanding the limitation found in subsection | ||||||
19 | (d) of Section 10 of this Act, the investment of the State | ||||||
20 | Treasurer in any fund created by an Illinois venture capital | ||||||
21 | firm in which the State Treasurer places money pursuant to this | ||||||
22 | Section shall not exceed 15% of the total TDA IIa account | ||||||
23 | balance. | ||||||
24 | (f) (Blank). | ||||||
25 | (g) The Treasurer may deposit no more than 15% 10% of the | ||||||
26 | earnings of the investments in the Technology Development |
| |||||||
| |||||||
1 | Account IIa into the Technology Development Fund.
| ||||||
2 | (Source: P.A. 100-1081, eff. 8-24-18.) | ||||||
3 | (30 ILCS 265/20)
| ||||||
4 | Sec. 20. Technology Development Fund. The Technology | ||||||
5 | Development Fund is
created as a special fund outside the State | ||||||
6 | treasury with the State Treasurer
as custodian. Moneys in the | ||||||
7 | Fund may be used by the State Treasurer to pay
expenses related | ||||||
8 | to investments from the Technology Development Account. Moneys
| ||||||
9 | in the Fund in excess of those expenses may be provided as | ||||||
10 | grants to : (i) Illinois
schools to purchase computers , and to | ||||||
11 | upgrade technology , and support career and technical | ||||||
12 | education; or (ii) incubators, accelerators, innovation | ||||||
13 | research, technology transfer, and educational programs that | ||||||
14 | provide training, support, and other resources to technology | ||||||
15 | businesses to promote the growth of jobs and entrepreneurial | ||||||
16 | and venture capital environments in communities of color or | ||||||
17 | underrepresented or under-resourced communities in the State .
| ||||||
18 | (Source: P.A. 94-395, eff. 8-1-05.)
| ||||||
19 | Article 125. | ||||||
20 | Division 1. General Provisions | ||||||
21 | Section 125-1-1. Short title. This Act may be cited as the | ||||||
22 | Anti-Predatory Lending Act. |
| |||||||
| |||||||
1 | Section 125-1-5. Purpose and construction. Illinois | ||||||
2 | families pay over $500,000,000 per year in payday and title | ||||||
3 | loan fees. As reported by the Department in 2020, nearly half | ||||||
4 | of Illinois payday loan borrowers earn less than $30,000 per | ||||||
5 | year, and the average annual percentage rate of a payday loan | ||||||
6 | is 297%. The purpose of this Act is to protect consumers from | ||||||
7 | predatory loans consistent with the federal law, the Military | ||||||
8 | Lending Act, that protects active duty members of the military. | ||||||
9 | This Act shall be construed as a consumer protection law for | ||||||
10 | all purposes. This Act shall be liberally construed to | ||||||
11 | effectuate its purpose. | ||||||
12 | Section 125-1-10. Definitions. As used in this Act: | ||||||
13 | "Consumer" means any natural person, including consumers | ||||||
14 | acting jointly. | ||||||
15 | "Department" means the Department of Financial and | ||||||
16 | Professional Regulation. | ||||||
17 | "Lender" means any person or entity, including any | ||||||
18 | affiliate or subsidiary of a lender, that offers or makes a | ||||||
19 | loan, buys a whole or partial interest in a loan, arranges a | ||||||
20 | loan for a third party, or acts as an agent for a third party in | ||||||
21 | making a loan, regardless of whether approval, acceptance, or | ||||||
22 | ratification by the third party is necessary to create a legal | ||||||
23 | obligation for the third party, and includes any other person | ||||||
24 | or entity if the Department determines that the person or |
| |||||||
| |||||||
1 | entity is engaged in a transaction that is in substance a | ||||||
2 | disguised loan or a subterfuge for the purpose of avoiding this | ||||||
3 | Act. | ||||||
4 | "Person" means any natural person. | ||||||
5 | "Secretary" means the Secretary of Financial and | ||||||
6 | Professional Regulation or a person authorized by the | ||||||
7 | Secretary. | ||||||
8 | "Loan" means money or credit provided to a consumer in | ||||||
9 | exchange for the consumer's agreement to a certain set of | ||||||
10 | terms, including, but not limited to, any finance charges, | ||||||
11 | interest, and other conditions. "Loan" includes closed-end and | ||||||
12 | open-end credit and any transaction conducted via any medium | ||||||
13 | whatsoever, including, but not limited to, paper, facsimile, | ||||||
14 | Internet, or telephone. | ||||||
15 | Section 125-1-15. Applicability. | ||||||
16 | (a) Except as otherwise provided in this Section, this Act | ||||||
17 | applies to any person or entity that offers or makes a loan to | ||||||
18 | a consumer in Illinois. | ||||||
19 | (b) The provisions of this Act apply to any person or | ||||||
20 | entity that seeks to evade its applicability by any device, | ||||||
21 | subterfuge, or pretense whatsoever. | ||||||
22 | (d) Banks, savings banks, savings and loan associations, | ||||||
23 | and credit unions chartered under the laws of the United States | ||||||
24 | are exempt from the provisions of this Act. |
| |||||||
| |||||||
1 | Division 5. Predatory Loan Protection | ||||||
2 | Section 125-5-5. Rate cap. Notwithstanding any other | ||||||
3 | provision of law, for loans made or renewed on and after the | ||||||
4 | effective date of this Act, a lender shall not contract for or | ||||||
5 | receive a charge exceeding a 36% annual percentage rate on the | ||||||
6 | unpaid balance of the amount financed for a loan. For purposes | ||||||
7 | of this Section, the annual percentage rate shall be calculated | ||||||
8 | as such rate is calculated using the system for calculating a | ||||||
9 | military annual percentage rate under Section 232.4 of Title 32 | ||||||
10 | of the Code of Federal Regulations as in effect on the | ||||||
11 | effective date of this amendatory Act of the 101st General | ||||||
12 | Assembly. | ||||||
13 | Section 125-5-10. Violation. Any loan made in violation of | ||||||
14 | this Act is void and uncollectible as to any principal, fee, | ||||||
15 | interest, or charge. | ||||||
16 | Section 125-5-15. No evasion. | ||||||
17 | (a) No person may engage in any device, subterfuge, or | ||||||
18 | pretense to evade the requirements of this Act, including, but | ||||||
19 | not limited to, making loans disguised as a personal property | ||||||
20 | sale and leaseback transaction; disguising loan proceeds as a | ||||||
21 | cash rebate for the pretextual installment sale of goods or | ||||||
22 | services; or making, offering, assisting, or arranging a debtor | ||||||
23 | to obtain a loan with a greater rate or interest, |
| |||||||
| |||||||
1 | consideration, or charge than is permitted by this Act through | ||||||
2 | any method including mail, telephone, internet, or any | ||||||
3 | electronic means regardless of whether the person has a | ||||||
4 | physical location in the State. | ||||||
5 | (b) A person is a lender subject to the requirements of | ||||||
6 | this Act notwithstanding the fact that the person purports to | ||||||
7 | act as an agent, service provider, or in another capacity for | ||||||
8 | another entity that is exempt from this Act, if, among other | ||||||
9 | things: | ||||||
10 | (1) the person holds, acquires, or maintains, directly | ||||||
11 | or indirectly, the predominant economic interest in the | ||||||
12 | loan; | ||||||
13 | (2) the person markets, brokers, arranges, or | ||||||
14 | facilitates the loan and holds the right, requirement, or | ||||||
15 | first right of refusal to purchase loans, receivables, or | ||||||
16 | interests in the loans; or | ||||||
17 | (3) the totality of the circumstances indicate that the | ||||||
18 | person is the lender and the transaction is structured to | ||||||
19 | evade the requirements of this Act. Circumstances that | ||||||
20 | weigh in favor of a person being a lender include, without | ||||||
21 | limitation, where the person: | ||||||
22 | (i) indemnifies, insures, or protects an exempt | ||||||
23 | entity for any costs or risks related to the loan; | ||||||
24 | (ii) predominantly designs, controls, or operates | ||||||
25 | the loan program; or | ||||||
26 | (iii) purports to act as an agent, service |
| |||||||
| |||||||
1 | provider, or in another capacity for an exempt entity | ||||||
2 | while acting directly as a lender in other states. | ||||||
3 | Section 125-5-20. Rules. The Secretary shall, within one | ||||||
4 | year after the effective date of this Act, adopt rules | ||||||
5 | consistent with this Act and rescind or amend rules that are | ||||||
6 | inconsistent. The adoption, amendment, or rescission of rules | ||||||
7 | shall be in conformity with the Illinois Administrative | ||||||
8 | Procedure Act. | ||||||
9 | Division 10. Administrative Provisions | ||||||
10 | Section 125-10-5. Enforcement and remedies. | ||||||
11 | (a) The remedies provided in this Act are cumulative and | ||||||
12 | apply to persons or entities subject to this Act. | ||||||
13 | (b) Any material violation of this Act, including the | ||||||
14 | commission of an act prohibited under Division 5, constitutes a | ||||||
15 | violation of the Consumer Fraud and Deceptive Business | ||||||
16 | Practices Act. | ||||||
17 | (c) Subject to the Illinois Administrative Procedure Act, | ||||||
18 | the Secretary may hold hearings, make findings of fact, | ||||||
19 | conclusions of law, issue cease and desist orders, have the | ||||||
20 | power to issue fines of up to $10,000 per violation, and refer | ||||||
21 | the matter to the appropriate law enforcement agency for | ||||||
22 | prosecution under this Act. All proceedings shall be open to | ||||||
23 | the public. |
| |||||||
| |||||||
1 | (d) The Secretary may issue a cease and desist order to any | ||||||
2 | person or entity, when in the opinion of the Secretary the | ||||||
3 | person or entity is violating or is about to violate any | ||||||
4 | provision of this Act. The cease and desist order permitted by | ||||||
5 | this subsection (d) may be issued prior to a hearing. | ||||||
6 | The Secretary shall serve notice of the action, including, | ||||||
7 | but not limited to, a statement of the reasons for the action, | ||||||
8 | either personally or by certified mail, return receipt | ||||||
9 | requested. Service by certified mail shall be deemed completed | ||||||
10 | when the notice is deposited in the U.S. Mail. | ||||||
11 | Within 10 days of service of the cease and desist order, | ||||||
12 | the person or entity may request a hearing in writing. | ||||||
13 | If it is determined that the Secretary had the authority to | ||||||
14 | issue the cease and desist order, the Secretary may issue such | ||||||
15 | orders as may be reasonably necessary to correct, eliminate, or | ||||||
16 | remedy the conduct. | ||||||
17 | The powers vested in the Secretary by this subsection (d) | ||||||
18 | are additional to any and all other powers and remedies vested | ||||||
19 | in the Secretary by law, and nothing in this subsection (d) | ||||||
20 | shall be construed as requiring that the Secretary shall employ | ||||||
21 | the power conferred in this subsection instead of or as a | ||||||
22 | condition precedent to the exercise of any other power or | ||||||
23 | remedy vested in the Secretary. | ||||||
24 | (e) The Secretary may, after 10 days notice by certified | ||||||
25 | mail, return receipt requested, to the person or entity stating | ||||||
26 | the contemplated action and in general the grounds therefore, |
| |||||||
| |||||||
1 | fine the person or entity an amount not exceeding $10,000 per | ||||||
2 | violation if the person or entity has failed to comply with any | ||||||
3 | provision of this Act or any order, decision, finding, rule, | ||||||
4 | regulation, or direction of the Secretary lawfully made in | ||||||
5 | accordance with the authority of this Act. Service by certified | ||||||
6 | mail shall be deemed completed when the notice is deposited in | ||||||
7 | the U.S. Mail. | ||||||
8 | Section 125-10-10. Preemption of administrative rules. Any | ||||||
9 | administrative rule adopted prior to the effective date of this | ||||||
10 | Act by the Department regarding loans is preempted. | ||||||
11 | Section 125-10-15. Reporting of violations. The Department | ||||||
12 | shall report to the Attorney General all material violations of | ||||||
13 | this Act of which it becomes aware. | ||||||
14 | Section 125-10-20. Judicial review. All final | ||||||
15 | administrative decisions of the Department under this Act are | ||||||
16 | subject to judicial review under the Administrative Review Law | ||||||
17 | and any rules adopted under the Administrative Review Law. | ||||||
18 | Section 125-10-25. No waivers. There shall be no waiver of | ||||||
19 | any provision of this Act. | ||||||
20 | Section 125-10-30. Superiority of Act. To the extent this | ||||||
21 | Act conflicts with any other State laws, this Act is superior |
| |||||||
| |||||||
1 | and supersedes those laws, except that nothing in this Act | ||||||
2 | applies to any lender that is a bank, savings bank, savings and | ||||||
3 | loan association, or credit union chartered under laws of the | ||||||
4 | United States. | ||||||
5 | Section 125-10-35. Severability. The provisions of this | ||||||
6 | Act are severable under Section 1.31 of the Statute on | ||||||
7 | Statutes. | ||||||
8 | Article 90. Amendatory Provisions
| ||||||
9 | Section 125-90-25. The Consumer Installment Loan Act is | ||||||
10 | amended by changing Sections 1, 15, 15d, and 17.5 as follows:
| ||||||
11 | (205 ILCS 670/1) (from Ch. 17, par. 5401)
| ||||||
12 | Sec. 1. License required to engage in business. No person, | ||||||
13 | partnership, association, limited liability
company, or | ||||||
14 | corporation shall engage in
the business of making loans of | ||||||
15 | money in a principal amount not
exceeding $40,000, and charge, | ||||||
16 | contract for, or receive on any
such loan a
greater rate of | ||||||
17 | interest, discount, or consideration therefor than the
lender | ||||||
18 | would be permitted by law to charge if he were not a licensee
| ||||||
19 | hereunder , except as authorized by this Act after first | ||||||
20 | obtaining a license
from the Director of Financial Institutions | ||||||
21 | (hereinafter called the Director) . No licensee, or employee or | ||||||
22 | affiliate thereof, that is licensed under the Payday Loan |
| |||||||
| |||||||
1 | Reform Act shall obtain a license under this Act except that a | ||||||
2 | licensee under the Payday Loan Reform Act may obtain a license | ||||||
3 | under this Act for the exclusive purpose and use of making | ||||||
4 | title-secured loans, as defined in subsection (a) of Section 15 | ||||||
5 | of this Act and governed by Title 38, Section 110.300 of the | ||||||
6 | Illinois Administrative Code. For the purpose of this Section, | ||||||
7 | "affiliate" means any person or entity that directly or | ||||||
8 | indirectly controls, is controlled by, or shares control with | ||||||
9 | another person or entity. A person or entity has control over | ||||||
10 | another if the person or entity has an ownership interest of | ||||||
11 | 25% or more in the other.
| ||||||
12 | In this Act, "Director" means the Director of Financial | ||||||
13 | Institutions of the Department of Financial and Professional | ||||||
14 | Regulation. | ||||||
15 | (Source: P.A. 96-936, eff. 3-21-11; 97-420, eff. 1-1-12.)
| ||||||
16 | (205 ILCS 670/15) (from Ch. 17, par. 5415)
| ||||||
17 | Sec. 15. Charges permitted.
| ||||||
18 | (a) Every licensee may
lend a principal amount not | ||||||
19 | exceeding $40,000 and , except as to small consumer loans as | ||||||
20 | defined in this Section, may charge,
contract for
and receive | ||||||
21 | thereon interest at an annual percentage rate of no more than | ||||||
22 | 36%, subject to the provisions of this Act ; provided, however, | ||||||
23 | that the limitation on the annual percentage rate contained in | ||||||
24 | this subsection (a) does not apply to title-secured loans, | ||||||
25 | which are loans upon which interest is charged at an annual |
| |||||||
| |||||||
1 | percentage rate exceeding 36%, in which, at commencement, an | ||||||
2 | obligor provides to the licensee, as security for the loan, | ||||||
3 | physical possession of the obligor's title to a motor vehicle, | ||||||
4 | and upon which a licensee may charge, contract for, and receive | ||||||
5 | thereon interest at the rate agreed upon by the licensee and | ||||||
6 | borrower . For purposes of this Section, the annual percentage | ||||||
7 | rate shall be calculated as such rate is calculated using the | ||||||
8 | system for calculating a military annual percentage rate under | ||||||
9 | Section 232.4 of Title 32 of the Code of Federal Regulations as | ||||||
10 | in effect on the effective date of this amendatory Act of the | ||||||
11 | 101st General Assembly in accordance with the federal Truth in | ||||||
12 | Lending Act .
| ||||||
13 | (b) For purpose of this Section, the following terms shall | ||||||
14 | have the
meanings ascribed herein.
| ||||||
15 | "Applicable interest" for a precomputed loan contract | ||||||
16 | means the amount of
interest attributable to each monthly | ||||||
17 | installment period. It is computed
as if each installment | ||||||
18 | period were one month and any interest charged for
extending | ||||||
19 | the first installment period beyond one month is ignored. The
| ||||||
20 | applicable interest for any monthly installment period is , for | ||||||
21 | loans other than small consumer loans as defined in this | ||||||
22 | Section, that portion of
the precomputed interest that bears | ||||||
23 | the same ratio to the total precomputed
interest as the | ||||||
24 | balances scheduled to be outstanding during that month bear
to | ||||||
25 | the sum of all scheduled monthly outstanding balances in the | ||||||
26 | original
contract. With respect to a small consumer loan, the |
| |||||||
| |||||||
1 | applicable interest for any installment period is that portion | ||||||
2 | of the precomputed monthly installment account handling charge | ||||||
3 | attributable to the installment period calculated based on a | ||||||
4 | method at least as favorable to the consumer as the actuarial | ||||||
5 | method, as defined by the federal Truth in Lending Act.
| ||||||
6 | "Interest-bearing loan" means a loan in which the debt is
| ||||||
7 | expressed as a principal amount plus interest charged on actual | ||||||
8 | unpaid
principal balances for the time actually outstanding.
| ||||||
9 | "Precomputed loan" means a loan in which the debt is | ||||||
10 | expressed as the sum
of the original principal amount plus | ||||||
11 | interest computed actuarially in
advance, assuming all | ||||||
12 | payments will be made when scheduled.
| ||||||
13 | "Small consumer loan" means a loan upon which interest is | ||||||
14 | charged at an annual percentage rate exceeding 36% and with an | ||||||
15 | amount financed of $4,000 or less. "Small consumer loan" does | ||||||
16 | not include a title-secured loan as defined by subsection (a) | ||||||
17 | of this Section or a payday loan as defined by the Payday Loan | ||||||
18 | Reform Act. | ||||||
19 | "Substantially equal installment" includes a last | ||||||
20 | regularly scheduled payment that may be less than, but not more | ||||||
21 | than 5% larger than, the previous scheduled payment according | ||||||
22 | to a disclosed payment schedule agreed to by the parties. | ||||||
23 | (c) Loans may be interest-bearing or precomputed.
| ||||||
24 | (d) To compute time for either interest-bearing or | ||||||
25 | precomputed loans for
the calculation of interest and other | ||||||
26 | purposes, a month shall be a calendar
month and a day shall be |
| |||||||
| |||||||
1 | considered 1/30th of a month when calculation is
made for a | ||||||
2 | fraction of a month. A month shall be 1/12th of a year. A
| ||||||
3 | calendar month is that period from a given date in one month to | ||||||
4 | the same
numbered date in the following month, and if there is | ||||||
5 | no same numbered
date, to the last day of the following month. | ||||||
6 | When a period of time
includes a month and a fraction of a | ||||||
7 | month, the fraction of the month is
considered to follow the | ||||||
8 | whole month. In the alternative, for
interest-bearing loans, | ||||||
9 | the licensee may charge interest at the rate of
1/365th of the | ||||||
10 | agreed annual rate for each day actually
elapsed.
| ||||||
11 | (d-5) No licensee or other person may condition an | ||||||
12 | extension of credit to a consumer on the consumer's repayment | ||||||
13 | by preauthorized electronic fund transfers. Payment options, | ||||||
14 | including, but not limited to, electronic fund transfers and | ||||||
15 | Automatic Clearing House (ACH) transactions may be offered to | ||||||
16 | consumers as a choice and method of payment chosen by the | ||||||
17 | consumer. | ||||||
18 | (e) With respect to interest-bearing loans:
| ||||||
19 | (1) Interest shall be computed on unpaid principal | ||||||
20 | balances outstanding
from time to time, for the time | ||||||
21 | outstanding, until fully paid. Each
payment shall be | ||||||
22 | applied first to the accumulated interest and the
remainder | ||||||
23 | of the payment applied to the unpaid principal balance; | ||||||
24 | provided
however, that if the amount of the payment is | ||||||
25 | insufficient to pay the
accumulated interest, the unpaid | ||||||
26 | interest continues to accumulate to be
paid from the |
| |||||||
| |||||||
1 | proceeds of subsequent payments and is not added to the | ||||||
2 | principal
balance.
| ||||||
3 | (2) Interest shall not be payable in advance or | ||||||
4 | compounded. However, if
part or all of the consideration | ||||||
5 | for a new loan contract is the unpaid
principal balance of | ||||||
6 | a prior loan, then the principal amount payable under
the | ||||||
7 | new loan contract may include any unpaid interest which has | ||||||
8 | accrued.
The unpaid principal balance of a precomputed loan | ||||||
9 | is the balance due
after refund or credit of unearned | ||||||
10 | interest as provided in paragraph (f),
clause (3). The | ||||||
11 | resulting loan contract shall be deemed a new and separate
| ||||||
12 | loan transaction for all purposes.
| ||||||
13 | (3) Loans must be fully amortizing and be repayable in | ||||||
14 | substantially equal and consecutive weekly, biweekly, | ||||||
15 | semimonthly, or monthly installments. Notwithstanding this | ||||||
16 | requirement, rates may vary according to an
index that is | ||||||
17 | independently verifiable and beyond the control of the | ||||||
18 | licensee.
| ||||||
19 | (4) The lender or creditor may, if the contract | ||||||
20 | provides, collect a
delinquency or collection charge on | ||||||
21 | each installment in default for a period of
not less than | ||||||
22 | 10 days in an amount not exceeding 5% of the installment on
| ||||||
23 | installments in excess of $200, or $10 on installments of | ||||||
24 | $200 or less, but
only
one delinquency and collection | ||||||
25 | charge may be collected on any installment
regardless of | ||||||
26 | the period during which it remains in default.
|
| |||||||
| |||||||
1 | (f) With respect to precomputed loans:
| ||||||
2 | (1) Loans shall be repayable in substantially equal and | ||||||
3 | consecutive weekly, biweekly, semimonthly, or
monthly | ||||||
4 | installments of principal and interest combined, except | ||||||
5 | that the
first installment period may be longer than one | ||||||
6 | month by not more than 15
days, and the first installment | ||||||
7 | payment amount may be larger than the
remaining payments by | ||||||
8 | the amount of interest charged for the extra days;
and | ||||||
9 | provided further that monthly installment payment dates | ||||||
10 | may be omitted
to accommodate borrowers with seasonal | ||||||
11 | income.
| ||||||
12 | (2) Payments may be applied to the combined total of | ||||||
13 | principal and
precomputed interest until the loan is fully | ||||||
14 | paid. Payments shall be
applied in the order in which they | ||||||
15 | become due, except that any insurance
proceeds received as | ||||||
16 | a result of any claim made on any insurance, unless
| ||||||
17 | sufficient to prepay the contract in full, may be applied | ||||||
18 | to the unpaid
installments of the total of payments in | ||||||
19 | inverse order.
| ||||||
20 | (3) When any loan contract is paid in full by cash, | ||||||
21 | renewal or
refinancing, or a new loan, one month or more | ||||||
22 | before the final installment
due date, a licensee shall | ||||||
23 | refund or credit the obligor with
the total of
the | ||||||
24 | applicable interest for all fully unexpired installment | ||||||
25 | periods, as
originally scheduled or as deferred, which | ||||||
26 | follow the day of prepayment;
provided, if the prepayment |
| |||||||
| |||||||
1 | occurs prior to the first installment due date,
the | ||||||
2 | licensee may retain 1/30 of the applicable interest for a | ||||||
3 | first
installment period of one month for each day from the | ||||||
4 | date of the loan to
the date of prepayment, and shall | ||||||
5 | refund or credit the obligor
with the
balance of the total | ||||||
6 | interest contracted for. If the maturity of the loan
is | ||||||
7 | accelerated for any reason and judgment is entered, the | ||||||
8 | licensee shall
credit the borrower with the same refund as | ||||||
9 | if prepayment in full had been
made on the date the | ||||||
10 | judgement is entered.
| ||||||
11 | (4) The lender or creditor may, if the contract | ||||||
12 | provides, collect a
delinquency or collection charge on | ||||||
13 | each installment in default for a period of
not less than | ||||||
14 | 10 days in an amount not exceeding 5% of the installment on
| ||||||
15 | installments in excess of $200, or $10 on installments of | ||||||
16 | $200 or less, but
only
one delinquency or collection charge | ||||||
17 | may be collected on any installment
regardless of the | ||||||
18 | period during which it remains in default.
| ||||||
19 | (5) If the parties agree in writing, either in the loan | ||||||
20 | contract or in a
subsequent agreement, to a deferment of | ||||||
21 | wholly unpaid installments, a
licensee may grant a | ||||||
22 | deferment and may collect a deferment charge as
provided in | ||||||
23 | this Section. A deferment postpones the scheduled due date | ||||||
24 | of
the earliest unpaid installment and all subsequent | ||||||
25 | installments as
originally scheduled, or as previously | ||||||
26 | deferred, for a period equal to the
deferment period. The |
| |||||||
| |||||||
1 | deferment period is that period during which no
installment | ||||||
2 | is scheduled to be paid by reason of the deferment. The
| ||||||
3 | deferment charge for a one month period may not exceed the | ||||||
4 | applicable
interest for the installment period immediately | ||||||
5 | following the due date of
the last undeferred payment. A | ||||||
6 | proportionate charge may be made for
deferment for periods | ||||||
7 | of more or less than one month. A deferment charge
is | ||||||
8 | earned pro rata during the deferment period and is fully | ||||||
9 | earned on the
last day of the deferment period. Should a | ||||||
10 | loan be prepaid in full during
a deferment period, the | ||||||
11 | licensee shall credit to the obligor a
refund of the | ||||||
12 | unearned deferment charge in addition to any other refund | ||||||
13 | or
credit made for prepayment of the loan in full.
| ||||||
14 | (6) If two or more installments are delinquent one full | ||||||
15 | month or more on
any due date, and if the contract so | ||||||
16 | provides, the licensee may reduce the
unpaid balance by the | ||||||
17 | refund credit which would be required for prepayment
in | ||||||
18 | full on the due date of the most recent maturing | ||||||
19 | installment in default.
Thereafter, and in lieu of any | ||||||
20 | other default or deferment charges, the
agreed rate of | ||||||
21 | interest or, in the case of small consumer loans, interest | ||||||
22 | at the rate of 18% per annum, may be charged on the unpaid | ||||||
23 | balance until fully paid.
| ||||||
24 | (7) Fifteen days after the final installment as | ||||||
25 | originally scheduled or
deferred, the licensee, for any | ||||||
26 | loan contract which has not previously been
converted to |
| |||||||
| |||||||
1 | interest-bearing under paragraph (f), clause (6), may | ||||||
2 | compute
and charge interest on any balance remaining | ||||||
3 | unpaid, including unpaid
default or deferment charges, at | ||||||
4 | the agreed rate of interest or, in the case of small | ||||||
5 | consumer loans, interest at the rate of 18% per annum, | ||||||
6 | until fully
paid. At the time of payment of said final | ||||||
7 | installment, the licensee shall
give notice to the obligor | ||||||
8 | stating any amounts unpaid.
| ||||||
9 | (Source: P.A. 101-563, eff. 8-23-19.)
| ||||||
10 | (205 ILCS 670/15d) (from Ch. 17, par. 5419)
| ||||||
11 | Sec. 15d. Extra charges prohibited; exceptions. No amount | ||||||
12 | in addition to the charges authorized by this Act shall be
| ||||||
13 | directly or indirectly charged, contracted for, or received, | ||||||
14 | except (1) lawful
fees paid to any public officer or agency to | ||||||
15 | record, file or release
security; (2) (i) costs and | ||||||
16 | disbursements actually incurred in connection
with a real | ||||||
17 | estate loan, for any title insurance, title examination, | ||||||
18 | abstract
of title, survey, or appraisal, or paid to a trustee | ||||||
19 | in connection with
a trust deed, and (ii) in connection with a | ||||||
20 | real estate loan those
charges authorized by Section 4.1a of | ||||||
21 | the Interest Act, whether called
"points" or otherwise, which | ||||||
22 | charges are imposed as a condition for making
the loan and are | ||||||
23 | not refundable in the event of prepayment of the loan;
(3) | ||||||
24 | costs and disbursements, including reasonable
attorney's fees, | ||||||
25 | incurred in legal proceedings to collect a loan or to
realize |
| |||||||
| |||||||
1 | on a security after default; and (4) an amount not exceeding
| ||||||
2 | $25,
plus any actual expenses incurred in connection with a | ||||||
3 | check or draft that is
not honored because of
insufficient or | ||||||
4 | uncollected funds or because no such account exists ; and (5)
a | ||||||
5 | document preparation fee not to exceed $25 for obtaining and | ||||||
6 | reviewing credit
reports and preparation of other documents . | ||||||
7 | This
Section does not prohibit the
receipt of a commission, | ||||||
8 | dividend, charge, or other benefit by
the licensee or by
an | ||||||
9 | employee, affiliate, or associate of the licensee from the | ||||||
10 | insurance
permitted by Sections 15a and 15b of this Act or from | ||||||
11 | insurance in lieu of
perfecting a security interest provided | ||||||
12 | that the premiums for such insurance do
not exceed the fees | ||||||
13 | that otherwise could be contracted for by the licensee
under | ||||||
14 | this Section. Obtaining any of the items
referred to in clause | ||||||
15 | (i) of item (2) of this Section through the licensee
or from | ||||||
16 | any person specified by the licensee shall not be a condition
| ||||||
17 | precedent to the granting of the loan.
| ||||||
18 | (Source: P.A. 89-400, eff. 8-20-95; 90-437, eff. 1-1-98.)
| ||||||
19 | (205 ILCS 670/17.5) | ||||||
20 | Sec. 17.5. Consumer reporting service. | ||||||
21 | (a) For the purpose of this Section, "certified database" | ||||||
22 | means the consumer reporting
service database established | ||||||
23 | pursuant to the Payday Loan Reform
Act. | ||||||
24 | (b) Within 90 days after making a small consumer loan, a | ||||||
25 | licensee shall enter information about the loan into the |
| |||||||
| |||||||
1 | certified database. | ||||||
2 | (c) For every small consumer loan made, the licensee shall | ||||||
3 | input the following information into the certified database | ||||||
4 | within 90 days after the loan is made: | ||||||
5 | (i) the consumer's name and official identification | ||||||
6 | number (for purposes of this Act, "official identification | ||||||
7 | number" includes a Social Security Number, an Individual | ||||||
8 | Taxpayer Identification Number, a Federal Employer | ||||||
9 | Identification Number, an Alien Registration Number, or an | ||||||
10 | identification number imprinted on a passport or consular | ||||||
11 | identification document issued by a foreign government); | ||||||
12 | (ii) the consumer's gross monthly income; | ||||||
13 | (iii) the date of the loan; | ||||||
14 | (iv) the amount financed; | ||||||
15 | (v) the term of the loan; | ||||||
16 | (vi) the acquisition charge; | ||||||
17 | (vii) the monthly installment account handling charge; | ||||||
18 | (viii) the verification fee; | ||||||
19 | (ix) the number and amount of payments; and | ||||||
20 | (x) whether the loan is a first or subsequent | ||||||
21 | refinancing of a prior small consumer loan. | ||||||
22 | (d) Once a loan is entered with the certified database, the | ||||||
23 | certified database shall provide to the licensee a dated, | ||||||
24 | time-stamped statement acknowledging the certified database's | ||||||
25 | receipt of the information and assigning each loan a unique | ||||||
26 | loan number. |
| |||||||
| |||||||
1 | (e) The licensee shall update the certified database within | ||||||
2 | 90 days if any of the following events occur: | ||||||
3 | (i) the loan is paid in full by cash; | ||||||
4 | (ii) the loan is refinanced; | ||||||
5 | (iii) the loan is renewed; | ||||||
6 | (iv) the loan is satisfied in full or in part by | ||||||
7 | collateral being sold after default; | ||||||
8 | (v) the loan is cancelled or rescinded; or | ||||||
9 | (vi) the consumer's obligation on the loan is otherwise | ||||||
10 | discharged by the licensee. | ||||||
11 | (f) To the extent a licensee sells a product or service to | ||||||
12 | a consumer , other than a small consumer loan, and finances any | ||||||
13 | portion of the cost of the product or service, the licensee | ||||||
14 | shall, in addition to and at the same time as the information | ||||||
15 | inputted under subsection (d) of this Section, enter into the | ||||||
16 | certified database: | ||||||
17 | (i) a description of the product or service sold; | ||||||
18 | (ii) the charge for the product or service; and | ||||||
19 | (iii) the portion of the charge for the product or | ||||||
20 | service, if any, that is included in the amount financed by
| ||||||
21 | a small consumer loan. | ||||||
22 | (g) The certified database provider shall indemnify the | ||||||
23 | licensee against all claims and actions arising from illegal or | ||||||
24 | willful or wanton acts on the part of the certified database | ||||||
25 | provider. The certified database provider may charge a fee not | ||||||
26 | to exceed $1 for each loan entered into the certified database |
| |||||||
| |||||||
1 | under subsection (d) of this Section. The database provider | ||||||
2 | shall not charge any additional fees or charges to the | ||||||
3 | licensee. | ||||||
4 | (h) All personally identifiable information regarding any | ||||||
5 | consumer obtained by way of the certified database and | ||||||
6 | maintained by the Department is strictly confidential and shall | ||||||
7 | be exempt from disclosure under subsection (c) of Section 7 of | ||||||
8 | the Freedom of Information Act. | ||||||
9 | (i) A licensee who submits information to a certified | ||||||
10 | database provider in accordance with this Section shall not be | ||||||
11 | liable to any person for any subsequent release or disclosure | ||||||
12 | of that information by the certified database provider, the | ||||||
13 | Department, or any other person acquiring possession of the | ||||||
14 | information, regardless of whether such subsequent release or | ||||||
15 | disclosure was lawful, authorized, or intentional. | ||||||
16 | (j) To the extent the certified database becomes | ||||||
17 | unavailable to a licensee as a result of some event or events | ||||||
18 | outside the control of the licensee or the certified database | ||||||
19 | is decertified, the requirements of this Section and Section | ||||||
20 | 17.4 of this Act are suspended until such time as the certified | ||||||
21 | database becomes available.
| ||||||
22 | (Source: P.A. 96-936, eff. 3-21-11; 97-813, eff. 7-13-12.) | ||||||
23 | (205 ILCS 670/17.1 rep.) | ||||||
24 | (205 ILCS 670/17.2 rep.) | ||||||
25 | (205 ILCS 670/17.3 rep.) |
| |||||||
| |||||||
1 | (205 ILCS 670/17.4 rep.) | ||||||
2 | Section 125-90-30. The Consumer Installment Loan Act is | ||||||
3 | amended by repealing Sections 17.1, 17.2, 17.3, and 17.4. | ||||||
4 | Section 125-90-35. The Payday Loan Reform Act is amended by | ||||||
5 | changing Sections 2-5 and 4-5 as follows: | ||||||
6 | (815 ILCS 122/2-5)
| ||||||
7 | Sec. 2-5. Loan terms. | ||||||
8 | (a) Without affecting the right of a consumer to prepay at | ||||||
9 | any time without cost or penalty, no payday loan may have a | ||||||
10 | minimum term of less than 13 days. | ||||||
11 | (b) Except for an installment payday loan as defined in | ||||||
12 | this Section,
no payday loan may be made to a consumer if the | ||||||
13 | loan would result in the consumer being indebted to one or more | ||||||
14 | payday lenders for a period in excess of 45 consecutive days. | ||||||
15 | Except as provided under subsection (c) of this Section and | ||||||
16 | Section 2-40, if a consumer has or has had loans outstanding | ||||||
17 | for a period in excess of 45 consecutive days, no payday lender | ||||||
18 | may offer or make a loan to the consumer for at least 7 | ||||||
19 | calendar days after the date on which the outstanding balance | ||||||
20 | of all payday loans made during the 45 consecutive day period | ||||||
21 | is paid in full. For purposes of this subsection, the term | ||||||
22 | "consecutive days" means a series of continuous calendar days | ||||||
23 | in which the consumer has an outstanding balance on one or more | ||||||
24 | payday loans; however, if a payday loan is made to a consumer |
| |||||||
| |||||||
1 | within 6 days or less after the outstanding balance of all | ||||||
2 | loans is paid in full, those days are counted as "consecutive | ||||||
3 | days" for purposes of this subsection. | ||||||
4 | (c) Notwithstanding anything in this Act to the contrary, a | ||||||
5 | payday loan
shall also include any installment loan otherwise | ||||||
6 | meeting the definition of
payday loan contained in Section | ||||||
7 | 1-10, but that has a term agreed by the
parties of not less | ||||||
8 | than 112 days and not exceeding 180 days; hereinafter an
| ||||||
9 | "installment payday loan". The following provisions shall | ||||||
10 | apply:
| ||||||
11 | (i) Any installment payday loan must be fully | ||||||
12 | amortizing, with a finance
charge calculated on the | ||||||
13 | principal balances scheduled to be outstanding and
be | ||||||
14 | repayable in substantially equal and consecutive | ||||||
15 | installments, according
to a payment schedule agreed by the | ||||||
16 | parties with not less than 13 days and
not more than one | ||||||
17 | month between payments . ; except that the first installment
| ||||||
18 | period may be longer than the remaining installment periods | ||||||
19 | by not more than
15 days, and the first installment payment | ||||||
20 | may be larger than the remaining
installment payments by | ||||||
21 | the amount of finance charges applicable to the
extra days. | ||||||
22 | In calculating finance charges under this subsection, when | ||||||
23 | the first installment period is longer than the remaining | ||||||
24 | installment periods, the amount of the finance charges | ||||||
25 | applicable to the extra days shall not be greater than | ||||||
26 | $15.50 per $100 of the original principal balance divided |
| |||||||
| |||||||
1 | by the number of days in a regularly scheduled installment | ||||||
2 | period and multiplied by the number of extra days | ||||||
3 | determined by subtracting the number of days in a regularly | ||||||
4 | scheduled installment period from the number of days in the | ||||||
5 | first installment period. | ||||||
6 | (ii) An installment payday loan may be refinanced by a | ||||||
7 | new installment
payday loan one time during the term of the | ||||||
8 | initial loan; provided that the
total duration of | ||||||
9 | indebtedness on the initial installment payday loan | ||||||
10 | combined
with the total term of indebtedness of the new | ||||||
11 | loan refinancing that initial
loan, shall not exceed 180 | ||||||
12 | days. For purposes of this Act, a refinancing
occurs when | ||||||
13 | an existing installment payday loan is paid from the | ||||||
14 | proceeds of
a new installment payday loan. | ||||||
15 | (iii) In the event an installment payday loan is paid | ||||||
16 | in full prior to
the date on which the last scheduled | ||||||
17 | installment payment before maturity is
due, other than | ||||||
18 | through a refinancing, no licensee may offer or make a | ||||||
19 | payday
loan to the consumer for at least 2 calendar days | ||||||
20 | thereafter. | ||||||
21 | (iv) No installment payday loan may be made to a | ||||||
22 | consumer if the loan would
result in the consumer being | ||||||
23 | indebted to one or more payday lenders for a
period in | ||||||
24 | excess of 180 consecutive days. The term "consecutive days" | ||||||
25 | does not include the date on which a consumer makes the | ||||||
26 | final installment payment. |
| |||||||
| |||||||
1 | (d) (Blank). | ||||||
2 | (e) No lender may make a payday loan to a consumer if the | ||||||
3 | total of all payday loan payments coming due within the first | ||||||
4 | calendar month of the loan, when combined with the payment | ||||||
5 | amount of all of the consumer's other outstanding payday loans | ||||||
6 | coming due within the same month, exceeds the lesser of: | ||||||
7 | (1) $1,000; or | ||||||
8 | (2) in the case of one or more payday loans, 25% of the | ||||||
9 | consumer's gross monthly income; or | ||||||
10 | (3) in the case of one or more installment payday | ||||||
11 | loans, 22.5% of the consumer's gross monthly income; or | ||||||
12 | (4) in the case of a payday loan and an installment | ||||||
13 | payday loan, 22.5% of the consumer's gross monthly income. | ||||||
14 | No loan shall be made to a consumer who has an outstanding | ||||||
15 | balance on 2 payday loans, except that, for a period of 12 | ||||||
16 | months after March 21, 2011 (the effective date of Public Act | ||||||
17 | 96-936), consumers with an existing CILA loan may be issued an | ||||||
18 | installment loan issued under this Act from the company from | ||||||
19 | which their CILA loan was issued. | ||||||
20 | (e-5) A lender shall not contract for or receive a charge | ||||||
21 | exceeding a 36% annual percentage rate on the unpaid balance of | ||||||
22 | the amount financed for a payday loan. For purposes of this | ||||||
23 | Section, the annual percentage rate shall be calculated as such | ||||||
24 | rate is calculated using the system for calculating a military | ||||||
25 | annual percentage rate under Section 232.4 of Title 32 of the | ||||||
26 | Code of Federal Regulations as in effect on the effective date |
| |||||||
| |||||||
1 | of this amendatory Act of the 101st General Assembly. Except as | ||||||
2 | provided in subsection (c)(i), no lender may charge more than | ||||||
3 | $15.50 per $100 loaned on any payday loan, or more than $15.50 | ||||||
4 | per $100 on the initial principal balance and on the principal | ||||||
5 | balances scheduled to be outstanding during any installment | ||||||
6 | period on any installment payday loan. Except for installment | ||||||
7 | payday loans and except as provided in Section 2-25, this | ||||||
8 | charge is considered fully earned as of the date on which the | ||||||
9 | loan is made. For purposes of determining the finance charge | ||||||
10 | earned on an installment payday loan, the disclosed annual | ||||||
11 | percentage rate shall be applied to the principal balances | ||||||
12 | outstanding from time to time until the loan is paid in full, | ||||||
13 | or until the maturity date, whichever occurs first. No finance | ||||||
14 | charge may be imposed after the final scheduled maturity date. | ||||||
15 | When any loan contract is paid in full, the licensee shall | ||||||
16 | refund any unearned finance charge. The unearned finance charge | ||||||
17 | that is refunded shall be calculated based on a method that is | ||||||
18 | at least as favorable to the consumer as the actuarial method, | ||||||
19 | as defined by the federal Truth in Lending Act. The sum of the | ||||||
20 | digits or rule of 78ths method of calculating prepaid interest | ||||||
21 | refunds is prohibited. | ||||||
22 | (f) A lender may not take or attempt to take an interest in | ||||||
23 | any of the consumer's personal property to secure a payday | ||||||
24 | loan. | ||||||
25 | (g) A consumer has the right to redeem a check or any other | ||||||
26 | item described in the definition of payday loan under Section |
| |||||||
| |||||||
1 | 1-10 issued in connection with a payday loan from the lender | ||||||
2 | holding the check or other item at any time before the payday | ||||||
3 | loan becomes payable by paying the full amount of the check or | ||||||
4 | other item.
| ||||||
5 | (h) For the purpose of this Section, "substantially equal | ||||||
6 | installment" includes a last regularly scheduled payment that | ||||||
7 | may be less than, but no more than 5% larger than, the previous | ||||||
8 | scheduled payment according to a disclosed payment schedule | ||||||
9 | agreed to by the parties. | ||||||
10 | (Source: P.A. 100-201, eff. 8-18-17; 101-563, eff. 8-23-19.) | ||||||
11 | (815 ILCS 122/4-5)
| ||||||
12 | Sec. 4-5. Prohibited acts. A licensee or unlicensed person | ||||||
13 | or entity making payday
loans may not commit, or have committed | ||||||
14 | on behalf of the
licensee
or unlicensed person or entity, any | ||||||
15 | of the following acts: | ||||||
16 | (1) Threatening to use or using the criminal process in | ||||||
17 | this or any
other state to collect on the loan.
| ||||||
18 | (2) Using any device or agreement that would have the | ||||||
19 | effect of
charging or collecting more fees or charges than | ||||||
20 | allowed by this
Act, including, but not limited to, | ||||||
21 | entering into a different type of
transaction
with the | ||||||
22 | consumer.
| ||||||
23 | (3) Engaging in unfair, deceptive, or fraudulent | ||||||
24 | practices in the
making or collecting of a payday loan.
| ||||||
25 | (4) Using or attempting to use the check provided by |
| |||||||
| |||||||
1 | the consumer in
a payday loan as collateral for a | ||||||
2 | transaction not related to a payday loan.
| ||||||
3 | (5) Knowingly accepting payment in whole or in part of | ||||||
4 | a payday
loan through the proceeds of another payday loan | ||||||
5 | provided by any licensee, except
as provided in subsection | ||||||
6 | (c) of Section 2.5.
| ||||||
7 | (6) Knowingly accepting any security, other than that | ||||||
8 | specified in the
definition of payday loan in Section 1-10, | ||||||
9 | for a payday loan.
| ||||||
10 | (7) Charging any fees or charges other than those | ||||||
11 | specifically
authorized by this Act.
| ||||||
12 | (8) Threatening to take any action against a consumer | ||||||
13 | that is
prohibited by this Act or making any misleading or | ||||||
14 | deceptive statements
regarding the payday loan or any | ||||||
15 | consequences thereof.
| ||||||
16 | (9) Making a misrepresentation of a material fact by an | ||||||
17 | applicant for licensure in
obtaining or attempting to | ||||||
18 | obtain a license.
| ||||||
19 | (10) Including any of the following provisions in loan | ||||||
20 | documents
required by subsection (b) of Section 2-20:
| ||||||
21 | (A) a confession of judgment clause;
| ||||||
22 | (B) a waiver of the right to a jury trial, if | ||||||
23 | applicable, in any action
brought by or against a | ||||||
24 | consumer, unless the waiver is included in an | ||||||
25 | arbitration clause allowed under
subparagraph (C) of | ||||||
26 | this paragraph (11);
|
| |||||||
| |||||||
1 | (C) a mandatory arbitration clause that is | ||||||
2 | oppressive, unfair,
unconscionable, or substantially | ||||||
3 | in derogation of the rights of consumers; or
| ||||||
4 | (D) a provision in which the consumer agrees not to | ||||||
5 | assert any claim
or defense arising out of the | ||||||
6 | contract.
| ||||||
7 | (11) Selling any insurance of any kind whether or not | ||||||
8 | sold in
connection with the making or collecting of a | ||||||
9 | payday loan.
| ||||||
10 | (12) Taking any power of attorney.
| ||||||
11 | (13) Taking any security interest in real estate.
| ||||||
12 | (14) Collecting a delinquency or collection charge on | ||||||
13 | any installment
regardless of the period in which it | ||||||
14 | remains in default.
| ||||||
15 | (15) Collecting treble damages on an amount owing from | ||||||
16 | a payday loan.
| ||||||
17 | (16) Refusing, or intentionally delaying or
| ||||||
18 | inhibiting, the consumer's right to enter into a repayment | ||||||
19 | plan pursuant to this
Act. | ||||||
20 | (17) Charging for, or attempting to
collect, | ||||||
21 | attorney's fees, court costs, or arbitration costs | ||||||
22 | incurred in connection with the
collection of a payday | ||||||
23 | loan. | ||||||
24 | (18) Making a loan in violation of this Act. | ||||||
25 | (19) Garnishing the wages or salaries of a consumer who | ||||||
26 | is a member of the military. |
| |||||||
| |||||||
1 | (20) Failing to suspend or defer collection activity | ||||||
2 | against a consumer who is a member of the military and who | ||||||
3 | has been deployed to a combat or combat-support posting. | ||||||
4 | (21) Contacting the military chain of command of a | ||||||
5 | consumer who is a member of the military in an effort to | ||||||
6 | collect on a payday loan.
| ||||||
7 | (22) Making or offering to make any loan other than a | ||||||
8 | payday loan or
a title-secured loan, provided however, that | ||||||
9 | to make or offer to make a
title-secured loan, a licensee | ||||||
10 | must obtain a license under the Consumer
Installment Loan | ||||||
11 | Act. | ||||||
12 | (23) Making or offering a loan in violation of the | ||||||
13 | Anti-Predatory Lending Act. | ||||||
14 | (Source: P.A. 96-936, eff. 3-21-11 .) | ||||||
15 | Section 125-90-40. The Interest Act is amended by changing | ||||||
16 | Sections 4 and 4a as follows: | ||||||
17 | (815 ILCS 205/4) (from Ch. 17, par. 6404) | ||||||
18 | Sec. 4. General interest rate. | ||||||
19 | (1) Except as otherwise provided in Section 4.05 and in the | ||||||
20 | Anti-Predatory Lending Act , in all written contracts it shall | ||||||
21 | be lawful for the parties to
stipulate or agree that 9% per | ||||||
22 | annum, or any less sum of interest, shall be
taken and paid | ||||||
23 | upon every $100 of money loaned or in any manner due and
owing | ||||||
24 | from any person to any other person or corporation in this |
| |||||||
| |||||||
1 | state, and
after that rate for a greater or less sum, or for a | ||||||
2 | longer or shorter time,
except as herein provided. | ||||||
3 | The maximum rate of interest that may lawfully be | ||||||
4 | contracted for is
determined by the law applicable thereto at | ||||||
5 | the time the contract is
made. Any provision in any contract, | ||||||
6 | whether made before or after July
1, 1969, which provides for | ||||||
7 | or purports to authorize, contingent upon a
change in the | ||||||
8 | Illinois law after the contract is made, any rate of
interest | ||||||
9 | greater than the maximum lawful rate at the time the contract
| ||||||
10 | is made, is void. | ||||||
11 | It is lawful for a state bank or a branch of an | ||||||
12 | out-of-state bank, as those
terms are defined in Section 2 of | ||||||
13 | the Illinois Banking Act, to receive or to
contract to receive
| ||||||
14 | and collect interest and charges at any rate or rates agreed | ||||||
15 | upon by
the bank or branch and the borrower.
It is lawful for a | ||||||
16 | savings bank chartered under the Savings Bank Act or a
savings | ||||||
17 | association chartered under the Illinois Savings and Loan Act | ||||||
18 | of 1985
to receive or contract to receive and collect interest | ||||||
19 | and charges at any rate
agreed upon by the savings bank or | ||||||
20 | savings association and the borrower. | ||||||
21 | It is lawful to receive or to contract to receive and | ||||||
22 | collect
interest and charges as authorized by this Act and as | ||||||
23 | authorized by the
Consumer Installment Loan Act , and by the | ||||||
24 | "Consumer Finance Act", approved July
10,
1935, as now or | ||||||
25 | hereafter amended, or by the Payday Loan Reform Act , or the | ||||||
26 | Anti-Predatory Lending Act . It is lawful to charge, contract
|
| |||||||
| |||||||
1 | for, and receive any rate or amount of interest or | ||||||
2 | compensation , except as otherwise provided in the | ||||||
3 | Anti-Predatory Lending Act, with
respect to the following | ||||||
4 | transactions: | ||||||
5 | (a) Any loan made to a corporation; | ||||||
6 | (b) Advances of money, repayable on demand, to an | ||||||
7 | amount not less
than $5,000, which are made upon warehouse | ||||||
8 | receipts, bills of lading,
certificates of stock, | ||||||
9 | certificates of deposit, bills of exchange, bonds
or other | ||||||
10 | negotiable instruments pledged as collateral security for | ||||||
11 | such
repayment, if evidenced by a writing; | ||||||
12 | (c) Any credit transaction between a merchandise | ||||||
13 | wholesaler and
retailer; any business loan to a business | ||||||
14 | association or copartnership
or to a person owning and | ||||||
15 | operating a business as sole proprietor or to
any persons | ||||||
16 | owning and operating a business as joint venturers, joint
| ||||||
17 | tenants or tenants in common, or to any limited | ||||||
18 | partnership, or to any
trustee owning and operating a | ||||||
19 | business or whose beneficiaries own and
operate a business, | ||||||
20 | except that any loan which is secured (1) by an
assignment | ||||||
21 | of an individual obligor's salary, wages, commissions or
| ||||||
22 | other compensation for services, or (2) by his household | ||||||
23 | furniture or
other goods used for his personal, family or | ||||||
24 | household purposes shall be
deemed not to be a loan within | ||||||
25 | the meaning of this subsection; and
provided further that a | ||||||
26 | loan which otherwise qualifies as a business
loan within |
| |||||||
| |||||||
1 | the meaning of this subsection shall not be deemed as not | ||||||
2 | so
qualifying because of the inclusion, with other security | ||||||
3 | consisting of
business assets of any such obligor, of real | ||||||
4 | estate occupied by an
individual obligor solely as his | ||||||
5 | residence. The term "business" shall
be deemed to mean a | ||||||
6 | commercial, agricultural or industrial enterprise
which is | ||||||
7 | carried on for the purpose of investment or profit, but | ||||||
8 | shall
not be deemed to mean the ownership or maintenance of | ||||||
9 | real estate
occupied by an individual obligor solely as his | ||||||
10 | residence; | ||||||
11 | (d) Any loan made in accordance with the provisions of | ||||||
12 | Subchapter I
of Chapter 13 of Title 12 of the United States | ||||||
13 | Code, which is designated
as "Housing Renovation and | ||||||
14 | Modernization"; | ||||||
15 | (e) Any mortgage loan insured or upon which a | ||||||
16 | commitment to insure
has been issued under the provisions | ||||||
17 | of the National Housing Act,
Chapter 13 of Title 12 of the | ||||||
18 | United States Code; | ||||||
19 | (f) Any mortgage loan guaranteed or upon which a | ||||||
20 | commitment to
guaranty has been issued under the provisions | ||||||
21 | of the Veterans' Benefits
Act, Subchapter II of Chapter 37 | ||||||
22 | of Title 38 of the United States Code; | ||||||
23 | (g) Interest charged by a broker or dealer registered | ||||||
24 | under the
Securities Exchange Act of 1934, as amended, or | ||||||
25 | registered under the
Illinois Securities Law of 1953, | ||||||
26 | approved July 13, 1953, as now or
hereafter amended, on a |
| |||||||
| |||||||
1 | debit balance in an account for a customer if
such debit | ||||||
2 | balance is payable at will without penalty and is secured | ||||||
3 | by
securities as defined in Uniform Commercial | ||||||
4 | Code-Investment Securities; | ||||||
5 | (h) Any loan made by a participating bank as part of | ||||||
6 | any loan
guarantee program which provides for loans and for | ||||||
7 | the refinancing of
such loans to medical students, interns | ||||||
8 | and residents and which are
guaranteed by the American | ||||||
9 | Medical Association Education and Research
Foundation; | ||||||
10 | (i) Any loan made, guaranteed, or insured in accordance | ||||||
11 | with the
provisions of the Housing Act of 1949, Subchapter | ||||||
12 | III of Chapter 8A of
Title 42 of the United States Code and | ||||||
13 | the Consolidated Farm and Rural
Development Act, | ||||||
14 | Subchapters I, II, and III of Chapter 50 of Title 7 of
the | ||||||
15 | United States Code; | ||||||
16 | (j) Any loan by an employee pension benefit plan, as | ||||||
17 | defined in Section
3 (2) of the Employee Retirement Income | ||||||
18 | Security Act of 1974 (29 U.S.C.A.
Sec. 1002), to an | ||||||
19 | individual participating in such plan, provided that such
| ||||||
20 | loan satisfies the prohibited transaction exemption | ||||||
21 | requirements of Section
408 (b) (1) (29 U.S.C.A. Sec. 1108 | ||||||
22 | (b) (1)) or Section 2003 (a) (26 U.S.C.A.
Sec. 4975 (d) | ||||||
23 | (1)) of the Employee Retirement Income Security Act of | ||||||
24 | 1974; | ||||||
25 | (k) Written contracts, agreements or bonds for deed | ||||||
26 | providing for
installment purchase of real estate, |
| |||||||
| |||||||
1 | including a manufactured home as defined in subdivision | ||||||
2 | (53) of Section 9-102 of the Uniform Commercial Code that | ||||||
3 | is real property as defined in the Conveyance and | ||||||
4 | Encumbrance of Manufactured Homes as Real Property and | ||||||
5 | Severance Act; | ||||||
6 | (l) Loans secured by a mortgage on real estate, | ||||||
7 | including a manufactured home as defined in subdivision | ||||||
8 | (53) of Section 9-102 of the Uniform Commercial Code that | ||||||
9 | is real property as defined in the Conveyance and | ||||||
10 | Encumbrance of Manufactured Homes as Real Property and | ||||||
11 | Severance Act; | ||||||
12 | (m) Loans made by a sole proprietorship, partnership, | ||||||
13 | or corporation to
an employee or to a person who has been | ||||||
14 | offered employment by such sole
proprietorship, | ||||||
15 | partnership, or corporation made for the sole purpose of
| ||||||
16 | transferring an employee or person who has been offered | ||||||
17 | employment to another
office maintained and operated by the | ||||||
18 | same sole proprietorship, partnership,
or corporation; | ||||||
19 | (n) Loans to or for the benefit of students made by an | ||||||
20 | institution of
higher education. | ||||||
21 | (2) Except for loans described in subparagraph (a), (c), | ||||||
22 | (d),
(e), (f) or (i) of subsection (1) of this Section, and | ||||||
23 | except to the
extent permitted by the applicable statute for | ||||||
24 | loans made pursuant to
Section 4a or pursuant to the Consumer | ||||||
25 | Installment Loan Act: | ||||||
26 | (a) Whenever the rate of interest exceeds 8% per annum |
| |||||||
| |||||||
1 | on any
written contract, agreement or bond for deed | ||||||
2 | providing for the installment
purchase of residential real | ||||||
3 | estate, or on any loan secured by a mortgage
on residential | ||||||
4 | real estate, it shall be unlawful to provide for a
| ||||||
5 | prepayment penalty or other charge for prepayment. | ||||||
6 | (b) No agreement, note or other instrument evidencing a | ||||||
7 | loan
secured by a mortgage on residential real estate, or | ||||||
8 | written contract,
agreement or bond for deed providing for | ||||||
9 | the installment purchase of
residential real estate, may | ||||||
10 | provide for any change in the contract rate of
interest | ||||||
11 | during the term thereof. However, if the Congress of the | ||||||
12 | United
States or any federal agency authorizes any class of | ||||||
13 | lender to enter, within
limitations, into mortgage | ||||||
14 | contracts or written contracts, agreements or
bonds for | ||||||
15 | deed in which the rate of interest may be changed during | ||||||
16 | the
term of the contract, any person, firm, corporation or | ||||||
17 | other entity
not otherwise prohibited from entering into | ||||||
18 | mortgage contracts or
written contracts, agreements or | ||||||
19 | bonds for deed in Illinois may enter
into mortgage | ||||||
20 | contracts or written contracts, agreements or bonds
for | ||||||
21 | deed in which the rate of interest may be changed during | ||||||
22 | the term
of the contract, within the same limitations. | ||||||
23 | (3) In any contract or loan which is secured by a mortgage, | ||||||
24 | deed of
trust, or conveyance in the nature of a mortgage, on | ||||||
25 | residential real
estate, the interest which is computed, | ||||||
26 | calculated, charged, or collected
pursuant to such contract or |
| |||||||
| |||||||
1 | loan, or pursuant to any regulation or rule
promulgated | ||||||
2 | pursuant to this Act, may not be computed, calculated, charged
| ||||||
3 | or collected for any period of time occurring after the date on | ||||||
4 | which the
total indebtedness, with the exception of late | ||||||
5 | payment penalties, is paid
in full. | ||||||
6 | (4) For purposes of this Section, a prepayment shall mean | ||||||
7 | the payment of the
total indebtedness, with the exception of | ||||||
8 | late payment penalties if
incurred or charged, on any date | ||||||
9 | before the date specified in the contract
or loan agreement on | ||||||
10 | which the total indebtedness shall be paid in full, or
before | ||||||
11 | the date on which all payments, if timely made, shall have been
| ||||||
12 | made. In the event of a prepayment of the indebtedness which is | ||||||
13 | made on a
date after the date on which interest on the | ||||||
14 | indebtedness was last
computed, calculated, charged, or | ||||||
15 | collected but before the next date on
which interest on the | ||||||
16 | indebtedness was to be calculated, computed, charged,
or | ||||||
17 | collected, the lender may calculate, charge and collect | ||||||
18 | interest on the
indebtedness for the period which elapsed | ||||||
19 | between the date on which the
prepayment is made and the date | ||||||
20 | on which interest on the indebtedness was
last computed, | ||||||
21 | calculated, charged or collected at a rate equal to 1/360 of
| ||||||
22 | the annual rate for each day which so elapsed, which rate shall | ||||||
23 | be applied
to the indebtedness outstanding as of the date of | ||||||
24 | prepayment. The lender
shall refund to the borrower any | ||||||
25 | interest charged or collected which
exceeds that which the | ||||||
26 | lender may charge or collect pursuant to the
preceding |
| |||||||
| |||||||
1 | sentence. The provisions of this amendatory Act of 1985 shall
| ||||||
2 | apply only to contracts or loans entered into on or after the | ||||||
3 | effective
date of this amendatory Act, but shall not apply to | ||||||
4 | contracts or loans
entered into on or after that date that are | ||||||
5 | subject to Section 4a of this
Act, the Consumer Installment | ||||||
6 | Loan Act, the Payday Loan Reform Act, the Anti-Predatory | ||||||
7 | Lending Act, or the Retail Installment Sales
Act, or that | ||||||
8 | provide for the refund of precomputed interest on prepayment
in | ||||||
9 | the manner provided by such Act. | ||||||
10 | (5) For purposes of items (a) and (c) of subsection (1) of | ||||||
11 | this Section, a rate or amount of interest may be lawfully | ||||||
12 | computed when applying the ratio of the annual interest rate | ||||||
13 | over a year based on 360 days. The provisions of this | ||||||
14 | amendatory Act of the 96th General Assembly are declarative of | ||||||
15 | existing law. | ||||||
16 | (6) For purposes of this Section, "real estate" and "real | ||||||
17 | property" include a manufactured home, as defined in | ||||||
18 | subdivision (53) of Section 9-102 of the Uniform Commercial | ||||||
19 | Code that is real property as defined in the Conveyance and | ||||||
20 | Encumbrance of Manufactured Homes as Real Property and | ||||||
21 | Severance Act. | ||||||
22 | (Source: P.A. 98-749, eff. 7-16-14 .)
| ||||||
23 | (815 ILCS 205/4a) (from Ch. 17, par. 6410)
| ||||||
24 | Sec. 4a. Installment loan rate.
| ||||||
25 | (a) On money loaned to or in any manner owing from any |
| |||||||
| |||||||
1 | person, whether
secured or unsecured, except where the money | ||||||
2 | loaned or in any manner owing
is directly or indirectly for the | ||||||
3 | purchase price of real estate or an
interest therein and is | ||||||
4 | secured by a lien on or retention of title to that
real estate | ||||||
5 | or interest therein, to an amount not more than $25,000
| ||||||
6 | (excluding interest) which is evidenced by a written instrument | ||||||
7 | providing
for the payment thereof in 2 or more periodic | ||||||
8 | installments over a period of
not more than 181 months from the | ||||||
9 | date of the execution of the written
instrument, it is lawful | ||||||
10 | to receive or to contract to receive and collect
either:
| ||||||
11 | (i) interest in an amount equivalent to interest | ||||||
12 | computed at a rate not
exceeding 9% per year on the entire | ||||||
13 | principal amount of the money loaned or
in any manner owing | ||||||
14 | for the period from the date of the making of the loan
or | ||||||
15 | the incurring of the obligation for the amount owing | ||||||
16 | evidenced by the
written instrument until the date of the | ||||||
17 | maturity of the last installment
thereof, and to add that | ||||||
18 | amount to the principal, except that there shall
be no | ||||||
19 | limit on the rate of interest which may be received or | ||||||
20 | contracted to
be received and collected by (1) any bank , | ||||||
21 | except a bank charted under the laws of the United States, | ||||||
22 | that has its main office
or, after May 31, 1997, a branch | ||||||
23 | in this State; or (2) a savings and loan
association | ||||||
24 | chartered under the
Illinois Savings and Loan Act of 1985, | ||||||
25 | or a savings bank chartered under the
Savings Bank Act ; , | ||||||
26 | or a federal savings and loan
association established under |
| |||||||
| |||||||
1 | the laws of the United States and having its
main office in | ||||||
2 | this State; or (3) any lender licensed under either the
| ||||||
3 | Consumer Finance Act or the Consumer Installment Loan Act, | ||||||
4 | but in any case in which interest is received,
contracted | ||||||
5 | for or collected on the basis of this clause (i), the | ||||||
6 | debtor may
satisfy in full at any time before maturity the | ||||||
7 | debt evidenced by the
written instrument, and in so | ||||||
8 | satisfying must receive a refund credit
against the total | ||||||
9 | amount of interest added to the principal computed in
the | ||||||
10 | manner provided under Section 15(f)(3) of the Consumer | ||||||
11 | Installment
Loan Act for refunds or credits of applicable | ||||||
12 | interest on payment in full
of precomputed loans before the | ||||||
13 | final installment due date; or
| ||||||
14 | (ii) interest accrued on the principal balance from | ||||||
15 | time to time
remaining unpaid, from the date of making of | ||||||
16 | the loan or the incurring of
the obligation to the date of | ||||||
17 | the payment of the debt in full, at a rate
not exceeding | ||||||
18 | the annual percentage rate equivalent of the rate permitted
| ||||||
19 | to be charged under clause (i) above, but in any such case | ||||||
20 | the debtor may,
provided that the debtor shall have paid in | ||||||
21 | full all interest and other
charges accrued to the date of | ||||||
22 | such prepayment, prepay the principal
balance in full or in | ||||||
23 | part at any time, and interest shall, upon any such
| ||||||
24 | prepayment, cease to accrue on the principal amount which | ||||||
25 | has been prepaid.
| ||||||
26 | (b) Whenever the principal amount of an installment loan is |
| |||||||
| |||||||
1 | $300 or
more and the repayment period is 6 months or more, a | ||||||
2 | minimum charge of
$15 may be collected instead of interest, but | ||||||
3 | only one minimum charge
may be collected from the same person | ||||||
4 | during one year. When the
principal amount of the loan | ||||||
5 | (excluding interest) is $800 or less, the
lender or creditor | ||||||
6 | may contract for and receive a service charge not to
exceed $5 | ||||||
7 | in addition to interest; and that service charge may be
| ||||||
8 | collected when the loan is made, but only one service charge | ||||||
9 | may be
contracted for, received, or collected from the same | ||||||
10 | person during one year.
| ||||||
11 | (c) Credit life insurance and credit accident and health | ||||||
12 | insurance,
and any charge therefor which is deducted from the | ||||||
13 | loan or paid by the
obligor, must comply with Article IX 1/2 of | ||||||
14 | the Illinois Insurance
Code and all lawful requirements of the | ||||||
15 | Director of Insurance related
thereto. When there are 2 or more | ||||||
16 | obligors on the loan contract, only
one charge for credit life | ||||||
17 | insurance and credit accident and health
insurance may be made | ||||||
18 | and only one of the obligors may be required to be
insured. | ||||||
19 | Insurance obtained from, by or through the lender or creditor
| ||||||
20 | must be in effect when the loan is transacted. The purchase of | ||||||
21 | that
insurance from an agent, broker or insurer specified by | ||||||
22 | the lender or
creditor may not be a condition precedent to the | ||||||
23 | granting of the loan.
| ||||||
24 | (d) The lender or creditor may require the obligor to | ||||||
25 | provide
property insurance on security other than household | ||||||
26 | goods, furniture and
personal effects. The amount and term of |
| |||||||
| |||||||
1 | the insurance must be
reasonable in relation to the amount and | ||||||
2 | term of the loan contract and
the type and value of the | ||||||
3 | security, and the insurance must be procured
in accordance with | ||||||
4 | the insurance laws of this State. The purchase of
that | ||||||
5 | insurance from an agent, broker or insurer specified by the | ||||||
6 | lender
or creditor may not be a condition precedent to the | ||||||
7 | granting of the loan.
| ||||||
8 | (e) The lender or creditor may, if the contract provides, | ||||||
9 | collect a
delinquency and collection charge on each installment | ||||||
10 | in default for a
period of not less than 10 days in an amount | ||||||
11 | not exceeding 5% of the
installment on installments in excess | ||||||
12 | of $200 or $10 on
installments of
$200 or less, but only one | ||||||
13 | delinquency and collection charge may
be
collected on any | ||||||
14 | installment regardless of the period during which it
remains in | ||||||
15 | default. In addition, the contract may provide for the payment
| ||||||
16 | by the borrower or debtor of attorney's fees incurred by the | ||||||
17 | lender or
creditor. The lender or creditor may enforce such a | ||||||
18 | provision to the extent
of the reasonable attorney's fees | ||||||
19 | incurred by him in the collection or
enforcement of the | ||||||
20 | contract or obligation. Whenever interest is contracted
for or | ||||||
21 | received under this Section, no amount in addition to the | ||||||
22 | charges
authorized by this Section may be directly or | ||||||
23 | indirectly charged,
contracted for or received, except lawful | ||||||
24 | fees paid to a public officer or
agency to record, file or | ||||||
25 | release security, and except costs and
disbursements including | ||||||
26 | reasonable attorney's fees, incurred in legal
proceedings to |
| |||||||
| |||||||
1 | collect a loan or to realize on a security after default.
This | ||||||
2 | Section does not prohibit the receipt of any commission, | ||||||
3 | dividend or
other benefit by the creditor or an employee, | ||||||
4 | affiliate or associate of the
creditor from the insurance | ||||||
5 | authorized by this Section.
| ||||||
6 | (f) When interest is contracted for or received under this | ||||||
7 | Section,
the lender must disclose the following items to the | ||||||
8 | obligor in a written
statement before the loan is consummated:
| ||||||
9 | (1) the amount and date of the loan contract;
| ||||||
10 | (2) the amount of loan credit using the term "amount | ||||||
11 | financed";
| ||||||
12 | (3) every deduction from the amount financed or payment | ||||||
13 | made by the
obligor for insurance and the type of insurance | ||||||
14 | for which each deduction
or payment was made;
| ||||||
15 | (4) every other deduction from the loan or payment made | ||||||
16 | by the
obligor in connection with obtaining the loan;
| ||||||
17 | (5) the date on which the finance charge begins to | ||||||
18 | accrue if
different from the date of the transaction;
| ||||||
19 | (6) the total amount of the loan charge for the | ||||||
20 | scheduled term of
the loan contract with a description of | ||||||
21 | each amount included using the
term "finance charge";
| ||||||
22 | (7) the finance charge expressed as an annual | ||||||
23 | percentage rate using
the term "annual percentage rate". | ||||||
24 | "Annual percentage rate" means the
nominal annual | ||||||
25 | percentage rate of finance charge determined in accordance
| ||||||
26 | with the actuarial method of computation with an accuracy |
| |||||||
| |||||||
1 | at least to the
nearest 1/4 of 1%; or at the option of the | ||||||
2 | lender by application of the
United States rule so that it | ||||||
3 | may be disclosed with an accuracy at least to
the nearest | ||||||
4 | 1/4 of 1%;
| ||||||
5 | (8) the number, amount and due dates or periods of | ||||||
6 | payments
scheduled to repay the loan and the sum of such | ||||||
7 | payments using the term
"total of payments";
| ||||||
8 | (9) the amount, or method of computing the amount of | ||||||
9 | any default,
delinquency or similar charges payable in the | ||||||
10 | event of late payments;
| ||||||
11 | (10) the right of the obligor to prepay the loan and | ||||||
12 | the fact that
such prepayment will reduce the charge for | ||||||
13 | the loan;
| ||||||
14 | (11) a description or identification of the type of any | ||||||
15 | security
interest held or to be retained or acquired by the | ||||||
16 | lender in connection
with the loan and a clear | ||||||
17 | identification of the property to which the
security | ||||||
18 | interest relates. If after-acquired property will be | ||||||
19 | subject to
the security interest, or if other or future | ||||||
20 | indebtedness is or may be
secured by any such property, | ||||||
21 | this fact shall be clearly set forth in
conjunction with | ||||||
22 | the description or identification of the type of
security | ||||||
23 | interest held, retained or acquired;
| ||||||
24 | (12) a description of any penalty charge that may be | ||||||
25 | imposed by the
lender for prepayment of the principal of | ||||||
26 | the obligation with an
explanation of the method of |
| |||||||
| |||||||
1 | computation of such penalty and the
conditions under which | ||||||
2 | it may be imposed;
| ||||||
3 | (13) unless the contract provides for the accrual and | ||||||
4 | payment of the
finance charge on the balance of the amount | ||||||
5 | financed from time to time
remaining unpaid, an | ||||||
6 | identification of the method of computing any
unearned | ||||||
7 | portion of the finance charge in the event of prepayment of | ||||||
8 | the
loan.
| ||||||
9 | The terms "finance charge" and "annual percentage rate" | ||||||
10 | shall be
printed more conspicuously than other terminology | ||||||
11 | required by this Section.
| ||||||
12 | (g) At the time disclosures are made, the lender shall | ||||||
13 | deliver to
the obligor a duplicate of the instrument or | ||||||
14 | statement by which the
required disclosures are made and on | ||||||
15 | which the lender and obligor are
identified and their addresses | ||||||
16 | stated. All of the disclosures shall be
made clearly, | ||||||
17 | conspicuously and in meaningful sequence and made together
on | ||||||
18 | either:
| ||||||
19 | (i) the note or other instrument evidencing the | ||||||
20 | obligation on the
same side of the page and above or | ||||||
21 | adjacent to the place for the
obligor's signature; however, | ||||||
22 | where a creditor elects to combine
disclosures with the | ||||||
23 | contract, security agreement, and evidence of a
| ||||||
24 | transaction in a single document, the disclosures required | ||||||
25 | under this
Section shall be made on the face of the | ||||||
26 | document, on the reverse side,
or on both sides, provided |
| |||||||
| |||||||
1 | that the amount of the finance charge and the
annual | ||||||
2 | percentage rate shall appear on the face of the document, | ||||||
3 | and, if
the reverse side is used, the printing on both | ||||||
4 | sides of the document
shall be equally clear and | ||||||
5 | conspicuous, both sides shall contain the
statement, | ||||||
6 | "NOTICE: See other side for important information", and the
| ||||||
7 | place for the customer's signature shall be provided | ||||||
8 | following the full
content of the document; or
| ||||||
9 | (ii) one side of a separate statement which identifies | ||||||
10 | the
transaction.
| ||||||
11 | The amount of the finance charge shall be determined as the | ||||||
12 | sum of
all charges, payable directly or indirectly by the | ||||||
13 | obligor and imposed
directly or indirectly by the lender as an | ||||||
14 | incident to or as a condition
to the extension of credit, | ||||||
15 | whether paid or payable by the obligor, any
other person on | ||||||
16 | behalf of the obligor, to the lender or to a third
party, | ||||||
17 | including any of the following types of charges:
| ||||||
18 | (1) Interest, time price differential, and any amount | ||||||
19 | payable under
a discount or other system of additional | ||||||
20 | charges.
| ||||||
21 | (2) Service, transaction, activity, or carrying | ||||||
22 | charge.
| ||||||
23 | (3) Loan fee, points, finder's fee, or similar charge.
| ||||||
24 | (4) Fee for an appraisal, investigation, or credit | ||||||
25 | report.
| ||||||
26 | (5) Charges or premiums for credit life, accident, |
| |||||||
| |||||||
1 | health, or loss
of income insurance, written in connection | ||||||
2 | with any credit transaction
unless (a) the insurance | ||||||
3 | coverage is not required by the lender and this
fact is | ||||||
4 | clearly and conspicuously disclosed in writing to the | ||||||
5 | obligor;
and (b) any obligor desiring such insurance | ||||||
6 | coverage gives specific dated
and separately signed | ||||||
7 | affirmative written indication of such desire after
| ||||||
8 | receiving written disclosure to him of the cost of such | ||||||
9 | insurance.
| ||||||
10 | (6) Charges or premiums for insurance, written in | ||||||
11 | connection with
any credit transaction, against loss of or | ||||||
12 | damage to property or against
liability arising out of the | ||||||
13 | ownership or use of property, unless a
clear, conspicuous, | ||||||
14 | and specific statement in writing is furnished by
the | ||||||
15 | lender to the obligor setting forth the cost of the | ||||||
16 | insurance if
obtained from or through the lender and | ||||||
17 | stating that the obligor may
choose the person through | ||||||
18 | which the insurance is to be obtained.
| ||||||
19 | (7) Premium or other charges for any other guarantee or | ||||||
20 | insurance
protecting the lender against the obligor's | ||||||
21 | default or other credit loss.
| ||||||
22 | (8) Any charge imposed by a lender upon another lender | ||||||
23 | for
purchasing or accepting an obligation of an obligor if | ||||||
24 | the obligor is
required to pay any part of that charge in | ||||||
25 | cash, as an addition to the
obligation, or as a deduction | ||||||
26 | from the proceeds of the obligation.
|
| |||||||
| |||||||
1 | A late payment, delinquency, default, reinstatement or | ||||||
2 | other such
charge is not a finance charge if imposed for actual | ||||||
3 | unanticipated late
payment, delinquency, default or other | ||||||
4 | occurrence.
| ||||||
5 | (h) Advertising for loans transacted under this Section may | ||||||
6 | not be
false, misleading, or deceptive. That advertising, if it | ||||||
7 | states a rate
or amount of interest, must state that rate as an | ||||||
8 | annual percentage rate
of interest charged. In addition, if | ||||||
9 | charges other than for interest are
made in connection with | ||||||
10 | those loans, those charges must be separately
stated. No | ||||||
11 | advertising may indicate or imply that the rates or charges
for | ||||||
12 | loans are in any way "recommended", "approved", "set" or
| ||||||
13 | "established" by the State government or by this Act.
| ||||||
14 | (i) A lender or creditor who complies with the federal | ||||||
15 | Truth in Lending
Act, amendments thereto, and any regulations | ||||||
16 | issued or which may be issued
thereunder, shall be deemed to be | ||||||
17 | in compliance with the provisions of
subsections (f), (g) and | ||||||
18 | (h) of this Section.
| ||||||
19 | (j) For purposes of this Section, "real estate" and "real | ||||||
20 | property" include a manufactured home as defined in subdivision | ||||||
21 | (53) of Section 9-102 of the Uniform Commercial Code that is | ||||||
22 | real property as defined in the Conveyance and Encumbrance of | ||||||
23 | Manufactured Homes as Real Property and Severance Act. | ||||||
24 | (Source: P.A. 98-749, eff. 7-16-14.)
| ||||||
25 | Section 125-90-45. The Consumer Fraud and Deceptive |
| |||||||
| |||||||
1 | Business Practices Act is amended by changing Section 2Z as | ||||||
2 | follows:
| ||||||
3 | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
| ||||||
4 | Sec. 2Z. Violations of other Acts. Any person who knowingly | ||||||
5 | violates
the Automotive Repair Act, the Automotive Collision | ||||||
6 | Repair Act,
the Home Repair and Remodeling Act,
the Dance | ||||||
7 | Studio Act,
the Physical Fitness Services Act,
the Hearing | ||||||
8 | Instrument Consumer Protection Act,
the Illinois Union Label | ||||||
9 | Act, the Installment Sales Contract Act,
the Job Referral and | ||||||
10 | Job Listing Services Consumer Protection Act,
the Travel | ||||||
11 | Promotion Consumer Protection Act,
the Credit Services | ||||||
12 | Organizations Act,
the Automatic Telephone Dialers Act,
the | ||||||
13 | Pay-Per-Call Services Consumer Protection Act,
the Telephone | ||||||
14 | Solicitations Act,
the Illinois Funeral or Burial Funds Act,
| ||||||
15 | the Cemetery Oversight Act, the Cemetery Care Act,
the Safe and | ||||||
16 | Hygienic Bed Act,
the Illinois Pre-Need Cemetery Sales Act,
the | ||||||
17 | High Risk Home Loan Act, the Payday Loan Reform Act, the | ||||||
18 | Anti-Predatory Lending Act, the Mortgage Rescue Fraud Act, | ||||||
19 | subsection (a) or (b) of Section 3-10 of the
Cigarette Tax Act, | ||||||
20 | subsection
(a) or (b) of Section 3-10 of the Cigarette Use Tax | ||||||
21 | Act, the Electronic
Mail Act, the Internet Caller | ||||||
22 | Identification Act, paragraph (6)
of
subsection (k) of Section | ||||||
23 | 6-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115, | ||||||
24 | 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois | ||||||
25 | Vehicle Code, Article 3 of the Residential Real Property |
| |||||||
| |||||||
1 | Disclosure Act, the Automatic Contract Renewal Act, the Reverse | ||||||
2 | Mortgage Act, Section 25 of the Youth Mental Health Protection | ||||||
3 | Act, the Personal Information Protection Act, or the Student | ||||||
4 | Online Personal Protection Act commits an unlawful practice | ||||||
5 | within the meaning of this Act.
| ||||||
6 | (Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642, | ||||||
7 | eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; | ||||||
8 | 100-863, eff. 8-14-18.) | ||||||
9 | Article 130. | ||||||
10 | Section 130-5. The Business Corporation Act of 1983 is | ||||||
11 | amended by changing Section 14.05 as follows:
| ||||||
12 | (805 ILCS 5/14.05) (from Ch. 32, par. 14.05)
| ||||||
13 | Sec. 14.05. Annual report of domestic or foreign | ||||||
14 | corporation. Each domestic corporation organized under any | ||||||
15 | general law or
special act of this State authorizing the | ||||||
16 | corporation to issue shares,
other than homestead | ||||||
17 | associations, building and loan associations, banks
and | ||||||
18 | insurance companies (which includes a syndicate or limited | ||||||
19 | syndicate
regulated under Article V 1/2 of the Illinois | ||||||
20 | Insurance Code or member of a
group of underwriters regulated | ||||||
21 | under Article V of that Code), and each
foreign corporation | ||||||
22 | (except members of a group of underwriters regulated
under | ||||||
23 | Article V of the Illinois Insurance Code) authorized to |
| |||||||
| |||||||
1 | transact
business in this State, shall file, within the time | ||||||
2 | prescribed by this
Act, an annual report setting forth:
| ||||||
3 | (a) The name of the corporation.
| ||||||
4 | (b) The address, including street and number, or rural | ||||||
5 | route number, of
its registered office in this State, and | ||||||
6 | the name of its registered agent
at that address.
| ||||||
7 | (c) The address, including street and number, or rural | ||||||
8 | route number, of
its principal office.
| ||||||
9 | (d) The names and respective addresses, including | ||||||
10 | street and
number, or rural route number, of its directors | ||||||
11 | and officers.
| ||||||
12 | (e) A statement of the aggregate number of shares which | ||||||
13 | the corporation
has authority to issue, itemized by classes | ||||||
14 | and series, if any, within a class.
| ||||||
15 | (f) A statement of the aggregate number of issued | ||||||
16 | shares, itemized by
classes, and series, if any, within a | ||||||
17 | class.
| ||||||
18 | (g) A statement, expressed in dollars, of the amount of | ||||||
19 | paid-in capital
of the corporation as defined in this Act.
| ||||||
20 | (h) Either a statement that (1) all the property of the | ||||||
21 | corporation is
located in this State and all of its | ||||||
22 | business is transacted at or from places
of business in | ||||||
23 | this State, or the corporation elects to pay the annual
| ||||||
24 | franchise tax on the basis of its entire paid-in capital, | ||||||
25 | or (2) a
statement, expressed in dollars, of the value of | ||||||
26 | all the property owned by
the corporation, wherever |
| |||||||
| |||||||
1 | located, and the value of the property located
within this | ||||||
2 | State, and a statement, expressed in dollars, of the gross
| ||||||
3 | amount of business transacted by the corporation and the | ||||||
4 | gross amount thereof
transacted by the corporation at or | ||||||
5 | from places of business in this State
as of the close of | ||||||
6 | its fiscal year on or immediately preceding the last day of
| ||||||
7 | the third month prior to the anniversary month or in the | ||||||
8 | case of a
corporation which has established an extended | ||||||
9 | filing month, as of the close
of its fiscal year on or | ||||||
10 | immediately preceding the last day of the third month
prior | ||||||
11 | to the extended filing month; however, in the case of a | ||||||
12 | domestic
corporation that has not completed its first | ||||||
13 | fiscal year, the statement with
respect to property owned | ||||||
14 | shall be as of the last day of the third month
preceding | ||||||
15 | the anniversary month and the statement with respect to | ||||||
16 | business
transacted shall be furnished for the period | ||||||
17 | between the date
of incorporation and the last day of the | ||||||
18 | third month preceding the
anniversary month. In the case of | ||||||
19 | a foreign corporation that has not been
authorized to | ||||||
20 | transact business in this State for a period of 12 months | ||||||
21 | and
has not commenced transacting business prior to | ||||||
22 | obtaining
authority, the statement with respect to | ||||||
23 | property owned shall be as of the
last day of the third | ||||||
24 | month preceding the anniversary month and the
statement | ||||||
25 | with respect to business transacted shall be furnished for | ||||||
26 | the
period between the date of its authorization to |
| |||||||
| |||||||
1 | transact business in this
State and the last day of the | ||||||
2 | third month preceding the anniversary month.
If the data | ||||||
3 | referenced in item (2) of this subsection is not completed,
| ||||||
4 | the franchise tax provided for in this Act shall be | ||||||
5 | computed on the basis of
the entire paid-in capital.
| ||||||
6 | (i) A statement, including the basis therefor, of | ||||||
7 | status as a
"minority-owned business" or as a "women-owned | ||||||
8 | business" as those terms
are defined in the Business | ||||||
9 | Enterprise for
Minorities, Women, and Persons with | ||||||
10 | Disabilities Act.
| ||||||
11 | (j) Additional information as may be necessary or | ||||||
12 | appropriate in
order to enable the Secretary of State to | ||||||
13 | administer this Act and to verify
the proper amount of fees | ||||||
14 | and franchise taxes payable by the corporation.
| ||||||
15 | (k) A statement of whether the corporation or foreign | ||||||
16 | corporation has outstanding shares listed on a major United | ||||||
17 | States stock exchange and is thereby subject to the | ||||||
18 | reporting requirements of Section 8.12. | ||||||
19 | (l) For those corporations subject to Section 8.12, a | ||||||
20 | statement providing the information required under Section | ||||||
21 | 8.12. | ||||||
22 | (m) For those corporations required to file an Employer | ||||||
23 | Information Report EEO-1 with the Equal Employment | ||||||
24 | Opportunity Commission, information that is substantially | ||||||
25 | similar to the employment data reported under Section D of | ||||||
26 | the corporation's EEO-1 in a format approved by the |
| |||||||
| |||||||
1 | Secretary of State. For each corporation that submits data | ||||||
2 | under this paragraph, the Secretary of State shall publish | ||||||
3 | the data on the gender, race, and ethnicity of each | ||||||
4 | corporation's employees on the Secretary of State's | ||||||
5 | official website. The Secretary of State shall publish such | ||||||
6 | information within 90 days of receipt of a properly filed | ||||||
7 | annual report or as soon thereafter as practicable. | ||||||
8 | The annual report shall be made on forms prescribed and | ||||||
9 | furnished by
the Secretary of State, and the information | ||||||
10 | therein required by paragraphs
(a) through (d), both inclusive, | ||||||
11 | of this Section, shall be given as of the date
of the execution | ||||||
12 | of the annual report and the information therein required
by | ||||||
13 | paragraphs (e), (f), and (g) of this Section shall be given as | ||||||
14 | of the
last day of the third month preceding the anniversary | ||||||
15 | month, except that
the information required by paragraphs (e), | ||||||
16 | (f), and (g) shall, in the case
of a corporation which has | ||||||
17 | established an extended filing month, be given
in its final | ||||||
18 | transition annual report and each subsequent annual report as
| ||||||
19 | of the close of its fiscal year on or immediately preceding the | ||||||
20 | last day of the third month prior to its extended filing
month. | ||||||
21 | The information required by paragraph (m) shall be included in | ||||||
22 | the corporation's annual report filed on and after January 1, | ||||||
23 | 2022. It shall be executed by the corporation by its president, | ||||||
24 | a
vice-president, secretary, assistant secretary, treasurer or | ||||||
25 | other officer
duly authorized by the board of directors of the | ||||||
26 | corporation to execute
those reports, and verified by him or |
| |||||||
| |||||||
1 | her, or, if the corporation is in the
hands of a receiver or | ||||||
2 | trustee, it shall be executed on behalf of the
corporation and | ||||||
3 | verified by the receiver or trustee.
| ||||||
4 | (Source: P.A. 100-391, eff. 8-25-17; 100-486, eff. 1-1-18; | ||||||
5 | 100-863, eff. 8-14-18; 101-589, eff. 8-27-19.)
| ||||||
6 | Article 135. | ||||||
7 | Section 135-1. The Freedom of Information Act is amended by | ||||||
8 | changing Section 7.5 as follows: | ||||||
9 | (5 ILCS 140/7.5) | ||||||
10 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
11 | by the statutes referenced below, the following shall be exempt | ||||||
12 | from inspection and copying: | ||||||
13 | (a) All information determined to be confidential | ||||||
14 | under Section 4002 of the Technology Advancement and | ||||||
15 | Development Act. | ||||||
16 | (b) Library circulation and order records identifying | ||||||
17 | library users with specific materials under the Library | ||||||
18 | Records Confidentiality Act. | ||||||
19 | (c) Applications, related documents, and medical | ||||||
20 | records received by the Experimental Organ Transplantation | ||||||
21 | Procedures Board and any and all documents or other records | ||||||
22 | prepared by the Experimental Organ Transplantation | ||||||
23 | Procedures Board or its staff relating to applications it |
| |||||||
| |||||||
1 | has received. | ||||||
2 | (d) Information and records held by the Department of | ||||||
3 | Public Health and its authorized representatives relating | ||||||
4 | to known or suspected cases of sexually transmissible | ||||||
5 | disease or any information the disclosure of which is | ||||||
6 | restricted under the Illinois Sexually Transmissible | ||||||
7 | Disease Control Act. | ||||||
8 | (e) Information the disclosure of which is exempted | ||||||
9 | under Section 30 of the Radon Industry Licensing Act. | ||||||
10 | (f) Firm performance evaluations under Section 55 of | ||||||
11 | the Architectural, Engineering, and Land Surveying | ||||||
12 | Qualifications Based Selection Act. | ||||||
13 | (g) Information the disclosure of which is restricted | ||||||
14 | and exempted under Section 50 of the Illinois Prepaid | ||||||
15 | Tuition Act. | ||||||
16 | (h) Information the disclosure of which is exempted | ||||||
17 | under the State Officials and Employees Ethics Act, and | ||||||
18 | records of any lawfully created State or local inspector | ||||||
19 | general's office that would be exempt if created or | ||||||
20 | obtained by an Executive Inspector General's office under | ||||||
21 | that Act. | ||||||
22 | (i) Information contained in a local emergency energy | ||||||
23 | plan submitted to a municipality in accordance with a local | ||||||
24 | emergency energy plan ordinance that is adopted under | ||||||
25 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
26 | (j) Information and data concerning the distribution |
| |||||||
| |||||||
1 | of surcharge moneys collected and remitted by carriers | ||||||
2 | under the Emergency Telephone System Act. | ||||||
3 | (k) Law enforcement officer identification information | ||||||
4 | or driver identification information compiled by a law | ||||||
5 | enforcement agency or the Department of Transportation | ||||||
6 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
7 | (l) Records and information provided to a residential | ||||||
8 | health care facility resident sexual assault and death | ||||||
9 | review team or the Executive Council under the Abuse | ||||||
10 | Prevention Review Team Act. | ||||||
11 | (m) Information provided to the predatory lending | ||||||
12 | database created pursuant to Article 3 of the Residential | ||||||
13 | Real Property Disclosure Act, except to the extent | ||||||
14 | authorized under that Article. | ||||||
15 | (n) Defense budgets and petitions for certification of | ||||||
16 | compensation and expenses for court appointed trial | ||||||
17 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
18 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
19 | until the conclusion of the trial of the case, even if the | ||||||
20 | prosecution chooses not to pursue the death penalty prior | ||||||
21 | to trial or sentencing. | ||||||
22 | (o) Information that is prohibited from being | ||||||
23 | disclosed under Section 4 of the Illinois Health and | ||||||
24 | Hazardous Substances Registry Act. | ||||||
25 | (p) Security portions of system safety program plans, | ||||||
26 | investigation reports, surveys, schedules, lists, data, or |
| |||||||
| |||||||
1 | information compiled, collected, or prepared by or for the | ||||||
2 | Regional Transportation Authority under Section 2.11 of | ||||||
3 | the Regional Transportation Authority Act or the St. Clair | ||||||
4 | County Transit District under the Bi-State Transit Safety | ||||||
5 | Act. | ||||||
6 | (q) Information prohibited from being disclosed by the | ||||||
7 | Personnel Record Review Act. | ||||||
8 | (r) Information prohibited from being disclosed by the | ||||||
9 | Illinois School Student Records Act. | ||||||
10 | (s) Information the disclosure of which is restricted | ||||||
11 | under Section 5-108 of the Public Utilities Act.
| ||||||
12 | (t) All identified or deidentified health information | ||||||
13 | in the form of health data or medical records contained in, | ||||||
14 | stored in, submitted to, transferred by, or released from | ||||||
15 | the Illinois Health Information Exchange, and identified | ||||||
16 | or deidentified health information in the form of health | ||||||
17 | data and medical records of the Illinois Health Information | ||||||
18 | Exchange in the possession of the Illinois Health | ||||||
19 | Information Exchange Office due to its administration of | ||||||
20 | the Illinois Health Information Exchange. The terms | ||||||
21 | "identified" and "deidentified" shall be given the same | ||||||
22 | meaning as in the Health Insurance Portability and | ||||||
23 | Accountability Act of 1996, Public Law 104-191, or any | ||||||
24 | subsequent amendments thereto, and any regulations | ||||||
25 | promulgated thereunder. | ||||||
26 | (u) Records and information provided to an independent |
| |||||||
| |||||||
1 | team of experts under the Developmental Disability and | ||||||
2 | Mental Health Safety Act (also known as Brian's Law). | ||||||
3 | (v) Names and information of people who have applied | ||||||
4 | for or received Firearm Owner's Identification Cards under | ||||||
5 | the Firearm Owners Identification Card Act or applied for | ||||||
6 | or received a concealed carry license under the Firearm | ||||||
7 | Concealed Carry Act, unless otherwise authorized by the | ||||||
8 | Firearm Concealed Carry Act; and databases under the | ||||||
9 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
10 | Licensing Review Board under the Firearm Concealed Carry | ||||||
11 | Act, and law enforcement agency objections under the | ||||||
12 | Firearm Concealed Carry Act. | ||||||
13 | (w) Personally identifiable information which is | ||||||
14 | exempted from disclosure under subsection (g) of Section | ||||||
15 | 19.1 of the Toll Highway Act. | ||||||
16 | (x) Information which is exempted from disclosure | ||||||
17 | under Section 5-1014.3 of the Counties Code or Section | ||||||
18 | 8-11-21 of the Illinois Municipal Code. | ||||||
19 | (y) Confidential information under the Adult | ||||||
20 | Protective Services Act and its predecessor enabling | ||||||
21 | statute, the Elder Abuse and Neglect Act, including | ||||||
22 | information about the identity and administrative finding | ||||||
23 | against any caregiver of a verified and substantiated | ||||||
24 | decision of abuse, neglect, or financial exploitation of an | ||||||
25 | eligible adult maintained in the Registry established | ||||||
26 | under Section 7.5 of the Adult Protective Services Act. |
| |||||||
| |||||||
1 | (z) Records and information provided to a fatality | ||||||
2 | review team or the Illinois Fatality Review Team Advisory | ||||||
3 | Council under Section 15 of the Adult Protective Services | ||||||
4 | Act. | ||||||
5 | (aa) Information which is exempted from disclosure | ||||||
6 | under Section 2.37 of the Wildlife Code. | ||||||
7 | (bb) Information which is or was prohibited from | ||||||
8 | disclosure by the Juvenile Court Act of 1987. | ||||||
9 | (cc) Recordings made under the Law Enforcement | ||||||
10 | Officer-Worn Body Camera Act, except to the extent | ||||||
11 | authorized under that Act. | ||||||
12 | (dd) Information that is prohibited from being | ||||||
13 | disclosed under Section 45 of the Condominium and Common | ||||||
14 | Interest Community Ombudsperson Act. | ||||||
15 | (ee) Information that is exempted from disclosure | ||||||
16 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
17 | (ff) Information that is exempted from disclosure | ||||||
18 | under the Revised Uniform Unclaimed Property Act. | ||||||
19 | (gg) Information that is prohibited from being | ||||||
20 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
21 | Code. | ||||||
22 | (hh) Records that are exempt from disclosure under | ||||||
23 | Section 1A-16.7 of the Election Code. | ||||||
24 | (ii) Information which is exempted from disclosure | ||||||
25 | under Section 2505-800 of the Department of Revenue Law of | ||||||
26 | the Civil Administrative Code of Illinois. |
| |||||||
| |||||||
1 | (jj) Information and reports that are required to be | ||||||
2 | submitted to the Department of Labor by registering day and | ||||||
3 | temporary labor service agencies but are exempt from | ||||||
4 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
5 | and Temporary Labor Services Act. | ||||||
6 | (kk) Information prohibited from disclosure under the | ||||||
7 | Seizure and Forfeiture Reporting Act. | ||||||
8 | (ll) Information the disclosure of which is restricted | ||||||
9 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
10 | Aid Code. | ||||||
11 | (mm) Records that are exempt from disclosure under | ||||||
12 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
13 | (nn) Information that is exempt from disclosure under | ||||||
14 | Section 70 of the Higher Education Student Assistance Act. | ||||||
15 | (oo) Communications, notes, records, and reports | ||||||
16 | arising out of a peer support counseling session prohibited | ||||||
17 | from disclosure under the First Responders Suicide | ||||||
18 | Prevention Act. | ||||||
19 | (pp) Names and all identifying information relating to | ||||||
20 | an employee of an emergency services provider or law | ||||||
21 | enforcement agency under the First Responders Suicide | ||||||
22 | Prevention Act. | ||||||
23 | (qq) Information and records held by the Department of | ||||||
24 | Public Health and its authorized representatives collected | ||||||
25 | under the Reproductive Health Act. | ||||||
26 | (rr) Information that is exempt from disclosure under |
| |||||||
| |||||||
1 | the Cannabis Regulation and Tax Act. | ||||||
2 | (ss) Data reported by an employer to the Department of | ||||||
3 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
4 | Human Rights Act. | ||||||
5 | (tt) Recordings made under the Children's Advocacy | ||||||
6 | Center Act, except to the extent authorized under that Act. | ||||||
7 | (uu) Information that is exempt from disclosure under | ||||||
8 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
9 | (vv) Information that is exempt from disclosure under | ||||||
10 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
11 | Public Aid Code. | ||||||
12 | (ww) Information that is exempt from disclosure under | ||||||
13 | Section 16.8 of the State Treasurer Act. | ||||||
14 | (xx) Information that is exempt from disclosure or | ||||||
15 | information that shall not be made public under the | ||||||
16 | Illinois Insurance Code. | ||||||
17 | (yy) Information prohibited from being disclosed under | ||||||
18 | the Illinois Educational Labor Relations Act. | ||||||
19 | (zz) Information prohibited from being disclosed under | ||||||
20 | the Illinois Public Labor Relations Act. | ||||||
21 | (aaa) Information prohibited from being disclosed | ||||||
22 | under Section 1-167 of the Illinois Pension Code. | ||||||
23 | (bbb) Information that is exempt from disclosure under | ||||||
24 | subsection (k) of Section 11 of the Equal Pay Act of 2003. | ||||||
25 | (Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||||||
26 | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. |
| |||||||
| |||||||
1 | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||||||
2 | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | ||||||
3 | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. | ||||||
4 | 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, | ||||||
5 | eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; | ||||||
6 | 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. | ||||||
7 | 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, | ||||||
8 | eff. 7-7-20.) | ||||||
9 | Section 135-5. The State Finance Act is amended by adding | ||||||
10 | Section 5.935 as follows: | ||||||
11 | (30 ILCS 105/5.935 new) | ||||||
12 | Sec. 5.935. The Equal Pay Certificate Fund. | ||||||
13 | Section 135-10. The Equal Pay Act of 2003 is amended by | ||||||
14 | changing Section 10 and by adding Section 11 as follows:
| ||||||
15 | (820 ILCS 112/10)
| ||||||
16 | Sec. 10. Prohibited acts.
| ||||||
17 | (a) No employer may discriminate between employees on the | ||||||
18 | basis of sex by
paying wages
to an employee at a rate less than | ||||||
19 | the rate at which the employer pays wages to
another employee | ||||||
20 | of
the opposite sex for the same or substantially similar work | ||||||
21 | on jobs the
performance of which
requires substantially similar | ||||||
22 | skill, effort, and responsibility, and which are performed |
| |||||||
| |||||||
1 | under
similar working
conditions, except where the payment is | ||||||
2 | made under:
| ||||||
3 | (1) a seniority system;
| ||||||
4 | (2) a merit system;
| ||||||
5 | (3) a system that measures earnings by quantity or | ||||||
6 | quality of production;
or
| ||||||
7 | (4) a differential based on any other factor other
| ||||||
8 | than: (i) sex or (ii) a factor that would constitute | ||||||
9 | unlawful discrimination
under the Illinois Human
Rights | ||||||
10 | Act, provided that the factor:
| ||||||
11 | (A) is not based on or derived from a differential | ||||||
12 | in
compensation based on sex or another protected | ||||||
13 | characteristic; | ||||||
14 | (B) is job-related with respect to the position and | ||||||
15 | consistent with a business necessity; and | ||||||
16 | (C) accounts for the differential. | ||||||
17 | No employer may discriminate between employees by paying | ||||||
18 | wages to an African-American employee at a rate less than the | ||||||
19 | rate at which the employer pays wages to another employee who | ||||||
20 | is not African-American for the same or substantially similar | ||||||
21 | work on jobs the performance of which requires substantially | ||||||
22 | similar skill, effort, and responsibility, and which are | ||||||
23 | performed under similar working conditions, except where the | ||||||
24 | payment is made under: | ||||||
25 | (1) a seniority system; | ||||||
26 | (2) a merit system; |
| |||||||
| |||||||
1 | (3) a system that measures earnings by quantity or
| ||||||
2 | quality of production; or | ||||||
3 | (4) a differential based on any other factor other
| ||||||
4 | than: (i) race or (ii) a factor that would constitute | ||||||
5 | unlawful discrimination under the Illinois Human Rights | ||||||
6 | Act, provided that the factor: | ||||||
7 | (A) is not based on or derived from a differential | ||||||
8 | in
compensation based on race or another protected | ||||||
9 | characteristic; | ||||||
10 | (B) is job-related with respect to the position and | ||||||
11 | consistent with a business necessity; and | ||||||
12 | (C) accounts for the differential. | ||||||
13 | An employer who is paying wages in violation of this Act | ||||||
14 | may not,
to comply with
this Act, reduce the wages of any other | ||||||
15 | employee.
| ||||||
16 | Nothing in this Act may be construed to require an employer | ||||||
17 | to pay, to
any employee at a workplace in a particular county, | ||||||
18 | wages that are equal
to the wages paid by that employer at a | ||||||
19 | workplace in another county to
employees in jobs the | ||||||
20 | performance of which requires equal skill, effort, and
| ||||||
21 | responsibility, and which are performed under similar working | ||||||
22 | conditions.
| ||||||
23 | (b) It is unlawful for any employer to interfere with, | ||||||
24 | restrain, or
deny the exercise of or
the attempt to exercise | ||||||
25 | any right provided under this Act. It is
unlawful for any | ||||||
26 | employer
to discharge or in any other manner discriminate |
| |||||||
| |||||||
1 | against any individual for
inquiring about,
disclosing, | ||||||
2 | comparing, or otherwise discussing the employee's wages or the
| ||||||
3 | wages
of any other
employee, or aiding or encouraging any | ||||||
4 | person to exercise his or her rights
under this
Act. It is | ||||||
5 | unlawful for an employer to require an employee to sign a | ||||||
6 | contract or waiver that would prohibit the employee from | ||||||
7 | disclosing or discussing information about the employee's | ||||||
8 | wages, salary, benefits, or other compensation. An employer | ||||||
9 | may, however, prohibit a human resources employee, a | ||||||
10 | supervisor, or any other employee whose job responsibilities | ||||||
11 | require or allow access to other employees' wage or salary | ||||||
12 | information from disclosing that information without prior | ||||||
13 | written consent from the employee whose information is sought | ||||||
14 | or requested.
| ||||||
15 | (b-5) It is unlawful for an employer or employment agency, | ||||||
16 | or employee or agent thereof, to (1) screen job
applicants | ||||||
17 | based on their current or prior wages or salary histories, | ||||||
18 | including benefits or other compensation, by
requiring that the | ||||||
19 | wage or salary history of an applicant satisfy minimum or | ||||||
20 | maximum criteria, (2) request or require a wage or salary | ||||||
21 | history as a condition of being considered for employment, as a | ||||||
22 | condition of being interviewed, as a condition of continuing to | ||||||
23 | be considered for an offer of employment, as a condition of an | ||||||
24 | offer of employment or an offer of compensation, or (3) request | ||||||
25 | or require that an applicant disclose wage or salary history as | ||||||
26 | a condition of employment. |
| |||||||
| |||||||
1 | (b-10) It is unlawful for an employer to seek the wage or | ||||||
2 | salary history, including benefits or other compensation, of a | ||||||
3 | job applicant from any current or former employer. This | ||||||
4 | subsection (b-10) does not apply if: | ||||||
5 | (1) the job applicant's wage or salary history is a | ||||||
6 | matter of public record under the Freedom of Information | ||||||
7 | Act, or any other equivalent State or federal law, or is | ||||||
8 | contained in a document completed by the job applicant's | ||||||
9 | current or former employer and then made available to the | ||||||
10 | public by the employer, or submitted or posted by the | ||||||
11 | employer to comply with State or federal law; or | ||||||
12 | (2) the job applicant is a current employee and is | ||||||
13 | applying for a position with the same current employer. | ||||||
14 | (b-15) Nothing in subsections (b-5) and (b-10) shall be | ||||||
15 | construed to prevent an employer or employment agency, or an | ||||||
16 | employee or agent thereof, from: | ||||||
17 | (1) providing information about the wages, benefits, | ||||||
18 | compensation, or salary offered in relation to a position; | ||||||
19 | or | ||||||
20 | (2) engaging in discussions with an applicant for | ||||||
21 | employment about the applicant's expectations with respect | ||||||
22 | to wage or salary, benefits, and other compensation. | ||||||
23 | (b-20) An employer is not in violation of subsections (b-5) | ||||||
24 | and (b-10) when a job applicant voluntarily and without | ||||||
25 | prompting discloses his or her current or prior wage or salary | ||||||
26 | history, including benefits or other compensation, on the |
| |||||||
| |||||||
1 | condition that the employer does not consider or rely on the | ||||||
2 | voluntary disclosures as a factor in determining whether to | ||||||
3 | offer a job applicant employment, in making an offer of | ||||||
4 | compensation, or in determining future wages, salary, | ||||||
5 | benefits, or other compensation. | ||||||
6 | (c) It is unlawful for any person to discharge or in any | ||||||
7 | other manner
discriminate against any individual because the | ||||||
8 | individual:
| ||||||
9 | (1) has filed any charge or has instituted or caused to | ||||||
10 | be instituted any
proceeding under or related to this Act;
| ||||||
11 | (2) has given, or is about to give, any information in | ||||||
12 | connection with any
inquiry or proceeding relating to any | ||||||
13 | right provided under this Act;
| ||||||
14 | (3) has testified, or is about to testify, in any | ||||||
15 | inquiry or proceeding
relating to any right provided under | ||||||
16 | this Act; or
| ||||||
17 | (4) fails to comply with any wage or salary history | ||||||
18 | inquiry. | ||||||
19 | (Source: P.A. 100-1140, eff. 1-1-19; 101-177, eff. 9-29-19.)
| ||||||
20 | (820 ILCS 112/11 new) | ||||||
21 | Sec. 11. Equal pay certificate requirements; application. | ||||||
22 | (a) A business that has 100 or more full-time employees | ||||||
23 | must obtain an equal pay certificate from the Department or | ||||||
24 | certify in writing that it is exempt. | ||||||
25 | (b) No department or agency of the State shall execute a |
| |||||||
| |||||||
1 | contract for goods or services or an agreement for goods or | ||||||
2 | services in excess of $500,000 with a business that has 40 or | ||||||
3 | more full-time employees in this State or a state where the | ||||||
4 | business has its primary place of business on a single day | ||||||
5 | during the prior 12 months, unless the business has an equal | ||||||
6 | pay certificate or has certified in writing that it is exempt. | ||||||
7 | This subsection does not apply to a business with respect | ||||||
8 | to a specific contract if the Department determines that | ||||||
9 | application of this Section would cause undue hardship to the | ||||||
10 | contracting entity. This subsection does not apply to a | ||||||
11 | contract to provide goods and services to individuals under the | ||||||
12 | Personnel Code, Article XX of the Illinois Insurance Code, the | ||||||
13 | Health Maintenance Organization Act, the Comprehensive Health | ||||||
14 | Insurance Plan Act, the Illinois Public Aid Code, the Rental | ||||||
15 | Housing Support Program Act, the Children's Health Insurance | ||||||
16 | Program Act, the Covering ALL KIDS Health Insurance Act, and | ||||||
17 | the Rehabilitation of Persons with Disabilities Act, with a | ||||||
18 | business that has a license, certification, registration, | ||||||
19 | provider agreement, or provider enrollment contract that is | ||||||
20 | prerequisite to providing those goods and services. This | ||||||
21 | subsection does not apply to contracts entered into by the | ||||||
22 | Illinois State Board of Investment for investment options under | ||||||
23 | Section 24-104 of the Illinois Pension Code. | ||||||
24 | (c) Any business subject to the requirements of this | ||||||
25 | Section that is authorized to transact business in this State | ||||||
26 | on the effective date of this amendatory Act of the 101st |
| |||||||
| |||||||
1 | General Assembly must obtain an equal pay certificate within 3 | ||||||
2 | years after the effective date of this amendatory Act of the | ||||||
3 | 101st General Assembly and must recertify every 2 years | ||||||
4 | thereafter. Any business subject to the requirements of this | ||||||
5 | Section that is authorized to transact business in this State | ||||||
6 | after the effective date of this amendatory Act of the 101st | ||||||
7 | General Assembly must obtain an equal pay certificate within 3 | ||||||
8 | years of commencing business operations and must recertify | ||||||
9 | every 2 years thereafter. | ||||||
10 | (d) Application. | ||||||
11 | (1) A business shall apply for an equal pay certificate | ||||||
12 | by paying a $150 filing fee and submitting an equal pay | ||||||
13 | compliance statement to the Director. Any business that is | ||||||
14 | required to file an annual Employer Information Report | ||||||
15 | EEO-1 with the Equal Employment Opportunity Commission | ||||||
16 | must also submit to the Director a copy of the business's | ||||||
17 | most recently filed Employer Information Report EEO-1. The | ||||||
18 | proceeds from the fees collected under this Section shall | ||||||
19 | be deposited into the Equal Pay Certificate Fund, a special | ||||||
20 | fund created in the State treasury. Moneys in the Fund | ||||||
21 | shall be appropriated to the Department for the purposes of | ||||||
22 | this Section. The Director shall issue an equal pay | ||||||
23 | certificate of compliance to a business that submits to the | ||||||
24 | Director a statement signed by the chairperson of the board | ||||||
25 | or chief executive officer of the business: | ||||||
26 | (A) that the business is in compliance with Title |
| |||||||
| |||||||
1 | VII of the Civil Rights Act of 1964, the Equal Pay Act | ||||||
2 | of 1963, the Illinois Human Rights Act, and the Equal | ||||||
3 | Wage Act; | ||||||
4 | (B) that the average compensation for its female | ||||||
5 | and minority employees is not consistently below the | ||||||
6 | average compensation for its male and non-minority | ||||||
7 | employees within each of the major job categories in | ||||||
8 | the Employer Information Report EEO-1 for which an | ||||||
9 | employee is expected to perform work under the | ||||||
10 | contract, taking into account factors such as length of | ||||||
11 | service, requirements of specific jobs, experience, | ||||||
12 | skill, effort, responsibility, working conditions of | ||||||
13 | the job, or other mitigating factors; as used in this | ||||||
14 | subparagraph, "minority" has the meaning ascribed to | ||||||
15 | that term in paragraph (1) of subsection (A) of Section | ||||||
16 | 2 of the Business Enterprise for Minorities, Women, and | ||||||
17 | Persons with Disabilities Act; | ||||||
18 | (C) that the business does not restrict employees | ||||||
19 | of one sex to certain job classifications and makes | ||||||
20 | retention and promotion decisions without regard to | ||||||
21 | sex; | ||||||
22 | (D) that wage and benefit disparities are | ||||||
23 | corrected when identified to ensure compliance with | ||||||
24 | the Acts cited in subparagraph (A) and with | ||||||
25 | subparagraph (B); and | ||||||
26 | (E) how often wages and benefits are evaluated to |
| |||||||
| |||||||
1 | ensure compliance with the Acts cited in subparagraph | ||||||
2 | (A) and with subparagraph (B). | ||||||
3 | (2) The equal pay compliance statement shall also | ||||||
4 | indicate whether the business, in setting compensation and | ||||||
5 | benefits, utilizes: | ||||||
6 | (A) a market pricing approach; | ||||||
7 | (B) State prevailing wage or union contract | ||||||
8 | requirements; | ||||||
9 | (C) a performance pay system; | ||||||
10 | (D) an internal analysis; or | ||||||
11 | (E) an alternative approach to determine what | ||||||
12 | level of wages and benefits to pay its employees. If | ||||||
13 | the business uses an alternative approach, the | ||||||
14 | business must provide a description of its approach. | ||||||
15 | (3) Receipt of the equal pay compliance statement by | ||||||
16 | the Director does not establish compliance with the Acts | ||||||
17 | set forth in subparagraph (A). | ||||||
18 | (e) Issuance or rejection of certificate. The Director must | ||||||
19 | issue an equal pay certificate, or a statement of why the | ||||||
20 | application was rejected, within 15 days of receipt of the | ||||||
21 | application. An application may be rejected only if it does not | ||||||
22 | comply with the requirements of subsection (d). | ||||||
23 | (f) Revocation of certificate. An equal pay certificate for | ||||||
24 | a business may be suspended or revoked by the Director when the | ||||||
25 | business fails to make a good faith effort to comply with the | ||||||
26 | Acts identified in subparagraph (A) of paragraph (1) of |
| |||||||
| |||||||
1 | subsection (d), fails to make a good faith effort to comply | ||||||
2 | with this Section, or has multiple violations of this Section | ||||||
3 | or the Acts identified in subparagraph (A) of paragraph (1) of | ||||||
4 | subsection (d). Prior to suspending or revoking a certificate, | ||||||
5 | the Director must first have sought to conciliate with the | ||||||
6 | business regarding wages and benefits due to employees. | ||||||
7 | (g) Revocation of contract. | ||||||
8 | (1) If a contract is awarded to a business that does | ||||||
9 | not have an equal pay certificate as required under | ||||||
10 | subsection (b) or that is not in compliance with paragraph | ||||||
11 | (1) of subsection (d), the Director may void the contract | ||||||
12 | on behalf of the State. The contract award entity that is a | ||||||
13 | party to the agreement must be notified by the Director | ||||||
14 | prior to the Director taking action to void the contract. | ||||||
15 | (2) A contract may be abridged or terminated by the | ||||||
16 | contract award entity identified in subsection (b) upon | ||||||
17 | notice that the Director has suspended or revoked the | ||||||
18 | certificate of the business. | ||||||
19 | (h) Administrative review. | ||||||
20 | (1) A business may obtain an administrative hearing in | ||||||
21 | accordance with the Illinois Administrative Procedure Act | ||||||
22 | before the suspension or revocation of its certificate is | ||||||
23 | effective by filing a written request for hearing within 20 | ||||||
24 | days after service of notice by the Director. | ||||||
25 | (2) A business may obtain an administrative hearing in | ||||||
26 | accordance with the Illinois Administrative Procedure Act |
| |||||||
| |||||||
1 | before the contract award entity's abridgement or | ||||||
2 | termination of a contract is effective by filing a written | ||||||
3 | request for a hearing 20 days after service of notice by | ||||||
4 | the contract award entity. | ||||||
5 | (i) Technical assistance. The Director must provide | ||||||
6 | technical assistance to any business that requests assistance | ||||||
7 | regarding this Section. | ||||||
8 | (j) Audit. The Director may audit the business's compliance | ||||||
9 | with this Section. As part of an audit, upon request, a | ||||||
10 | business must provide the Director the following information | ||||||
11 | with respect to employees expected to perform work under the | ||||||
12 | contract in each of the major job categories in the Employer | ||||||
13 | Information Report EEO-1: | ||||||
14 | (1) number of male employees; | ||||||
15 | (2) number of female employees; | ||||||
16 | (3) average annualized salaries paid to male employees | ||||||
17 | and to female employees, in the manner most consistent with | ||||||
18 | the employer's compensation system, within each major job | ||||||
19 | category; | ||||||
20 | (4) information on performance payments, benefits, or | ||||||
21 | other elements of compensation, in the manner most | ||||||
22 | consistent with the employer's compensation system, if | ||||||
23 | requested by the Director as part of a determination as to | ||||||
24 | whether these elements of compensation are different for | ||||||
25 | male and female employees; | ||||||
26 | (5) average length of service for male and female |
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1 | employees in each major job category; and | ||||||
2 | (6) other information identified by the business or by | ||||||
3 | the Director, as needed, to determine compliance with items | ||||||
4 | specified in paragraph (1) of subsection (d). | ||||||
5 | (k) Access to data. Data submitted to the Director related | ||||||
6 | to equal pay certificates are private data on individuals or | ||||||
7 | nonpublic data with respect to persons other than Department | ||||||
8 | employees. The Director's decision to issue, not issue, revoke, | ||||||
9 | or suspend an equal pay certificate is public data. | ||||||
10 | (l) Penalty. The Department shall impose on any business | ||||||
11 | that does not obtain an equal pay certificate as required under | ||||||
12 | this Section a civil penalty in an amount equal to 1% of the | ||||||
13 | business's profits for every 1% of wage gap that exists after | ||||||
14 | accounting for differences in job title, experience, and | ||||||
15 | performance. | ||||||
16 | (m) Whistleblower protection. As used in this subsection, | ||||||
17 | "retaliatory action" means the reprimand, discharge, | ||||||
18 | suspension, demotion, denial of promotion or transfer, or | ||||||
19 | change in the terms and conditions of employment of any | ||||||
20 | employee of a facility that is taken in retaliation for the | ||||||
21 | employee's involvement in a protected activity as set forth in | ||||||
22 | paragraphs (1) through (3) of subsection (b). | ||||||
23 | (1) A facility shall not take any retaliatory action | ||||||
24 | against an employee of the facility, including a nursing | ||||||
25 | home administrator, because the employee does any of the | ||||||
26 | following: |
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1 | (A) Discloses or threatens to disclose to a | ||||||
2 | supervisor or to a public body an activity, inaction, | ||||||
3 | policy, or practice implemented by a facility that the | ||||||
4 | employee reasonably believes is in violation of a law, | ||||||
5 | rule, or regulation. | ||||||
6 | (B) Provides information to or testifies before | ||||||
7 | any public body conducting an investigation, hearing, | ||||||
8 | or inquiry into any violation of a law, rule, or | ||||||
9 | regulation by a nursing home administrator. | ||||||
10 | (C) Assists or participates in a proceeding to | ||||||
11 | enforce the provisions of this Act. | ||||||
12 | (2) A violation of this Section may be established only | ||||||
13 | upon a finding that (i) the employee of the facility | ||||||
14 | engaged in conduct described in subsection (b) of this | ||||||
15 | Section and (ii) this conduct was a contributing factor in | ||||||
16 | the retaliatory action alleged by the employee. There is no | ||||||
17 | violation of this Section, however, if the facility | ||||||
18 | demonstrates by clear and convincing evidence that it would | ||||||
19 | have taken the same unfavorable personnel action in the | ||||||
20 | absence of that conduct. | ||||||
21 | (3) The employee of the facility may be awarded all | ||||||
22 | remedies necessary to make the employee whole and to | ||||||
23 | prevent future violations of this Section. Remedies | ||||||
24 | imposed by the court may include, but are not limited to, | ||||||
25 | all of the following: | ||||||
26 | (A) Reinstatement of the employee to either the |
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1 | same position held before the retaliatory action or to | ||||||
2 | an equivalent position. | ||||||
3 | (B) Two times the amount of back pay. | ||||||
4 | (C) Interest on the back pay. | ||||||
5 | (D) Reinstatement of full fringe benefits and | ||||||
6 | seniority rights. | ||||||
7 | (E) Payment of reasonable costs and attorney's | ||||||
8 | fees. | ||||||
9 | (4) Nothing in this Section shall be deemed to diminish | ||||||
10 | the rights, privileges, or remedies of an employee of a | ||||||
11 | facility under any other federal or State law, rule, or | ||||||
12 | regulation or under any employment contract.
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13 | Article 999. | ||||||
14 | Section 999-997. Severability. The provisions of this Act | ||||||
15 | are severable under Section 1.31 of the Statute on Statutes. | ||||||
16 | Section 999-999. Effective date. This Act takes effect upon | ||||||
17 | becoming law.".
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